Kerala High Court
Rekha Paul.S vs Sundram Finance on 18 July, 2025
WP(C) NO. 22237 OF 2025 1
2025:KER:53559
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 22237 OF 2025
PETITIONER:
REKHA PAUL.S.,
W/O SANTHOSH M.A, ALUVILA VEEDU, CHITTACODE,
MARANADU, KUNDARA, KOLLAM, PRESENTLY RESIDING AT
C-22. TWENTY HOUSE STREET, BLOCK 19, NEYVELI,
KURINJIPADI TALUK, CUDALLORE,
TAMILNADU, PIN - 691505
BY ADV SRI.P.T.SHEEJISH
RESPONDENTS:
1 SUNDRAM FINANCE,
REPRESENTED BY ITS BRANCH MANAGER, 1ST FLOOR,
KANDATHIL BUILDING, KADAPAKKADA POST,
KADAPAKKADA, KOLLAM DISTRICT, PIN - 691008
2 AUTHORIZED OFFICER,
SUNDARAM FINANCE, 1ST FLOOR, KANDATHIL BUILDING,
KADAPAKKADA POST, KADAPAKKADA, KOLLAM DISTRICT,
PIN - 691008
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 22237 OF 2025 2
2025:KER:53559
JUDGMENT
The writ petition is filed with the following prayers.
"(i) To issue a writ of mandamus or order or direction to the 1st respondent to keep the coercive proceedings pursuant to Exhibit P3 and P4 against the petitioner in abeyance and permit the petitioner to pay the overdue amount in 30 monthly installments or to avail O.T.S scheme or to regularize the loan without hampering the family life of the petitioner.
(ii) To issue a writ of mandamus or order or direction to the 1st respondent to provide a proper loan account statement.
(iii) Such other relief's as this Hon'ble Court deems fit to grant in the nature of this case."
2. An interim order was passed by this court on 18.06.2025 as follows.
"Notice before admission. Adv. Vipin C. Varghese takes notice for the respondents and seeks time to get instructions. To consider the prayers sought in the original petition seeking instalment facility and to defer further coercive steps against the petitioner, as an interim measure, there will be a direction to the petitioner to remit an amount of Rs..2,00,000/- (Rupees two lakhs only) within one month. It is made clear that if the above payment is not made, the respondents will be at liberty to proceed further, in accordance with law. Post on 16.07.2025"
3. An extension order was passed by this court on 07.07.2025 as follows.
"This is an application seeking modification of the WP(C) NO. 22237 OF 2025 3 2025:KER:53559 interim order dated 18.06.2025 passed by this Court, which directed the petitioner to remit an amount of Rs.2,00,000/- within one month.
2. Learned counsel for the petitioner and the learned counsel for the respondent Bank submit that as on date, the overdue amount is only Rs. 2,32,468/- (Rupees two lakh thirty two thousand four hundred and sixty eight only).
3. In view of the above, I am inclined to vary the order passed on 18.06.2025 by directing the petitioner to remit an amount of Rs.1,00,000/- (Rupees one lakh only) on or before 16.07.2025.
4. The order dated 18.06.2025 is modified as above. The I.A. is disposed of as above.W.P.(C) No.22237 of 2025
Post on 18.07.2025."
4. It is not disputed before me that no amount has been paid pursuant to the above orders.
5. This Court exercises very limited jurisdiction in matters arising under the SARFAESI Act, as repeatedly held by the Honourable Supreme Court in several judgments, including in South Indian Bank Ltd. and Ors. v. Naveen Mathew Philip and Ors. [2023 17 SCC 311] that the powers conferred under Article 226 of the Constitution of India are rather wide but are required to be exercised only in extraordinary circumstances in matters WP(C) NO. 22237 OF 2025 4 2025:KER:53559 pertaining to proceedings and adjudicatory scheme qua a statute, more so in commercial matters involving a lender and a borrower, when the legislature has provided for a specific mechanism for appropriate redressal. When this Court is approached with a prayer to permit the borrowers to clear the liability in instalments, the borrowers must prove bona fides. The non-compliance of the interim order indicates that the petitioner in this case has not shown any bona fides to enable this Court to permit him to clear the liability in instalments.
6. Therefore, I find no reason to grant the reliefs sought for in this writ petition, and the same will stand dismissed without prejudice to the right of the petitioner to challenge the measures taken by the secured creditor as provided under the SARFAESI Act, if so advised.
The writ petition is dismissed as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE Anu WP(C) NO. 22237 OF 2025 5 2025:KER:53559 APPENDIX OF WP(C) 22237/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT BANK DATED 19.02.2025 Exhibit P2 THE TRUE COPY OF THE ACCOUNT STATEMENT ISSUED BY THE 1ST RESPONDENT BANK Exhibit P3 THE TRUE COPY OF THE ADVOCATE COMMISSION NOTICE ISSUED BY THE 1ST RESPONDENT HEREIN TO THE PETITIONER IS DATED 04.06.2025 Exhibit P4 THE TRUE COPY OF THE M.C ORDER ISSUED AGAINST THE PETITIONER IN M.C 776 OF 2025 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE DATED 08.05.2025 Exhibit P5 TRUE COPY OF THE TREATEMENT DOCUMENT OF APPLICANT'S HUSBAND DATED 4/9/2024