Kerala High Court
Naheem Kanchirala vs Federal Bank on 23 July, 2025
2025:KER:54586
WP(C) NO.23084, 23110, 23177 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 23084 OF 2025
PETITIONER/S:
NISAMUDHEEN,
AGED 35 YEARS
S/O. KADAR, KANCHIRALA HOUSE, TANAH, PULLIPADAM,
MAMPAD, MALAPPURAM, PIN - 676542
BY ADVS.
SRI.U.K.DEVIDAS
SMT.S.K.SREELAKSHMY
SMT.SONA SUNNY
RESPONDENT/S:
FEDERAL BANK,
FEDERAL BANK, LCRD KOZHIKODE DIVISION, FEDERAL TOWER,
MAVOOR ROAD, ARAYIDATHUPALAM, KOZHIKODE DISTRICT. REP.
BY ITS AUTHORISED OFFICER, PIN - 673016
BY ADVS.
SHRI.P.PAULOCHAN ANTONY, SC
SHRI.SREEJITH K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2025, ALONG WITH WP(C).23110/2025, 23177/2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:54586
WP(C) NO.23084, 23110, 23177 OF 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 23110 OF 2025
PETITIONER/S:
MISHAB BIN NAHEEM,
AGED 23 YEARS
S/O. NAHEEM KANCHIRALA, KANCHIRALA HOUSE,
THOTTINTAKKARA, MAMBAD BRIDGE, MALAPPURAM, PIN -
676542
BY ADVS.
SRI.U.K.DEVIDAS
SMT.S.K.SREELAKSHMY
SMT.SONA SUNNY
RESPONDENT/S:
FEDERAL BANK,
LCRD KOZHIKODE DIVISION, FEDERAL TOWER, MAVOOR ROAD,
ARAYIDATHUPALAM, KOZHIKODE DISTRICT, REP. BY ITS
AUTHORISED OFFICER, PIN - 673016
BY ADVS.
SHRI.P.PAULOCHAN ANTONY, SC
SHRI.SREEJITH K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2025, ALONG WITH WP(C).23084/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:54586
WP(C) NO.23084, 23110, 23177 OF 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 23177 OF 2025
PETITIONER/S:
NAHEEM KANCHIRALA,
AGED 53 YEARS
S/O. KADAR KANCHIRALA , KANCHIRALA HOUSE, MAMPAD
BRIDE, PULLIPADAM, MALAPPURAM, PIN - 676542
BY ADVS.
SRI.U.K.DEVIDAS
SMT.S.K.SREELAKSHMY
SMT.SONA SUNNY
RESPONDENT/S:
FEDERAL BANK,
LCRD KOZHIKODE DIVISION, FEDERAL TOWER, MAVOOR ROAD,
ARAYIDATHUPALAM, KOZHIKODE DISTRICT, REP. BY ITS
AUTHORISED OFFICER, PIN - 673016
BY ADVS.
SHRI.P.PAULOCHAN ANTONY
SHRI.SREEJITH K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2025, ALONG WITH WP(C).23084/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:54586
WP(C) NO.23084, 23110, 23177 OF 2025
4
COMMON JUDGMENT
The writ petitions are filed with the following prayers;
"i. a writ of mandamus or any other writ order or direction to the respondent to regularize the loan account by paying the overdue amount in 24 equal monthly installments along with regular E.M.I. ii. such other reliefs as this Hon'ble Court deems fit to grant in the nature of this case.
iii. a direction to dispense with filing of the translation of vernacular documents produced with this writ petition."
2. A common interim order was passed by this court on 24.06.2025 as follows;
" Notice before admission.
The learned Standing Counsel takes notice for the respondent. To consider the prayers sought in the writ petitions seeking instalment facility and to defer further coercive steps against the petitioners, as an interim measure, there will be a direction to the petitioners to remit an amount of Rs.35,00,000/- (Rupees thirty five lakhs only) within one month. It is made clear that if the above payment is not made, the respondent will be at liberty to proceed further, in accordance with law.
Post on 22.07.2025. "
3. It is not disputed before me that no amount has been paid pursuant to the above order.
4. This Court exercises very limited jurisdiction in matters arising under the SARFAESI Act, as repeatedly held by the Honourable Supreme Court in 2025:KER:54586 WP(C) NO.23084, 23110, 23177 OF 2025 5 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 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 petitioners in this case have not shown any bona fides to enable this Court to permit them to clear the liability in instalments.
5. 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 petitioners to challenge the measures taken by the secured creditor as provided under the SARFAESI Act, if so advised.
The writ petitions are dismissed as above.
SD/-
MOHAMMED NIAS C.P. JUDGE JJ 2025:KER:54586 WP(C) NO.23084, 23110, 23177 OF 2025 6 APPENDIX OF WP(C) 23084/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 12.05.2025 ISSUED BY THE RESPONDENT TO THE PETITIONER AND OTHERS 2025:KER:54586 WP(C) NO.23084, 23110, 23177 OF 2025 7 APPENDIX OF WP(C) 23110/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 12.05.2025 ISSUED BY THE RESPONDENT TO THE PETITIONER AND OTHERS 2025:KER:54586 WP(C) NO.23084, 23110, 23177 OF 2025 8 APPENDIX OF WP(C) 23177/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE SALE NOTICE DATED 12.05.2025 ISSUED BY THE RESPONDENT TO THE PETITIONER AND OTHERS