Kerala High Court
Joy Paul vs South Indian Bank Limited on 14 July, 2025
2025:KER:51777
W.P.(C) No. 21670 of 2025
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 21670 OF 2025
PETITIONER:
JOY PAUL,
AGED 55 YEARS, S/O N.T.PAUL,
NADACKAL HOUSE,
ATHIRAMPUZHA, KOTTAYAM, PIN-686562
BY ADVS.
SRI.C.S.MANU
SRI.DILU JOSEPH
SRI.C.A.ANUPAMAN
SHRI.T.B.SIVAPRASAD
SMT.NEETHU.K.SHAJI
SRI.C.Y.VIJAY KUMAR
SMT.MANJU E.R.
SHRI.ALINT JOSEPH
SHRI.PAUL JOSE
SMT.DAINY DAVIS
SMT.RILNA RADHAKRISHNAN
SHRI.MAHESH KUMAR K.
RESPONDENTS:
1 SOUTH INDIAN BANK LIMITED,
PANACKAL BUILDINGS, CENTRAL JUNCTION,
ATHIRAMPUZHA, KOTTAYAM, PIN-686562
REPRESENTED BY ITS BRANCH MANAGER
2 THE AUTHORIZED OFFICER & CHIEF MANAGER,
SOUTH INDIAN BANK LIMITED,
PANACKAL BUILDINGS, CENTRAL JUNCTION,
ATHIRAMPUZHA, KOTTAYAM, PIN-686562
2025:KER:51777
W.P.(C) No. 21670 of 2025
-2-
ADV. P.A. AUGUSTINE(AREEKATTEL)
SRI. SUNIL SANKAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:51777
W.P.(C) No. 21670 of 2025
-3-
MOHAMMED NIAS C.P., J.
--------------------------------------------
W.P.(C) No. 21670 of 2025
--------------------------------------------
Dated this the 14th day of July, 2025
JUDGMENT
The writ petition is filed with the following prayers.
i)Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent bank to afford the petitioner a reasonable time of six months to clear the entire outstanding due to the 1st respondent bank; or in the alternative.
ii)Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent bank to afford the petitioner ten equal monthly instalments to clear the balance dues in the loan accounts.
iii) Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.
iv) Allow the cost of the petition to the petitioner.
2025:KER:51777 W.P.(C) No. 21670 of 2025 -4-
2. An interim order was passed by this court on 13.06.2025 as follows:-
To consider the prayers sought for in the writ petition seeking instalment facility and to defer the coercive steps against the petitioner, as an interim measure, there will be a direction to the petitioner to remit an amount of Rs.25,00,000/-(Rupees Twenty Five 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.
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 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 2025:KER:51777 W.P.(C) No. 21670 of 2025 -5- 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.
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 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 bpr 2025:KER:51777 W.P.(C) No. 21670 of 2025 -6- APPENDIX OF WP(C) 21670/2025 PETITIONER'S EXHIBITS Exhibit P-1 TRUE COPY OF THE REPRESENTATION DATED 5-6-2025 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P-2 TRUE COPY OF THE JUDGEMENT DATED 19-1-2023 IN WP(C.) NO. 181 OF 2023 PASSED BY THIS HON'BLE COURT Exhibit P-3 TRUE COPY OF THE JUDGEMENT DATED 27-2-2023 IN WP(C.) NO. 6143 OF 2023 PASSED BY THIS HON'BLE COURT Exhibit P-4 TRUE COPY OF THE JUDGEMENT DATED 26-7-2023 IN OP(DRT) NO. 282 OF 2023 PASSED BY THIS HON'BLE COURT Exhibit P-5 TRUE COPY OF THE JUDGEMENT DATED 25-8-2023 IN OP(DRT) NO. 324 OF 2023 PASSED BY THIS HON'BLE COURT Exhibit P-6 TRUE COPY OF THE JUDGEMENT DATED 3-9-2024 IN OP(DRT) NO. 175 OF 2024 PASSED BY THIS HON'BLE COURT Exhibit P-7 TRUE COPY OF THE JUDGEMENT DATED 27-9-2024 IN RP NO. 1012 OF 2024 PASSED BY THIS HON'BLE COURT Exhibit P-8 TRUE COPY OF THE JUDGEMENT DATED 12-2-2025 IN WP(C) NO. 43857 OF 2024 PASSED BY THIS HON'BLE COURT RESPONDENTS' EXHIBITS Exhibit R2(a) JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.A. NO. 1521/2025 DATED 04-07-2025