Kerala High Court
Arul Chris Joe vs Federal Bank Limited on 14 July, 2025
2025:KER:51779
W.P.(C) No. 21395 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. 21395 OF 2025
PETITIONER:
ARUL CHRIS JOE,
AGED 45 YEARS, S/O. M.K. SUDHAKARA RAJ,
BIMI NIVAS, KOPPAM, PIRAPPANCODE P.O.,
THIRUVANANTHAPURAM DISTRICT, KERALA, PIN-695607
BY ADVS.
SRI.SUDEEP ARAVIND PANICKER
SHRI.A.S.DILEEP
SHRI.P.BINOD
SHRI.K.Y.SUDHEENDRAN
SMT.SUSEELA DILEEP
SHRI.K.N.HARISHANKAR
RESPONDENT:
FEDERAL BANK LIMITED,
MANGALAPURAM BRANCH, GROUND FLOOR,
NP ARCADE BUILDING, NH 47,
NEAR MASJID, THONNAKKAL, MANGALAPURAM,
THIRUVANANTHAPURAM DISTRICT, KERALA,
REPRESENTED BY ITS AUTHORISED OFFICER,
PIN-695317
BY ADVS.
SHRI.P.PAULOCHAN ANTONY
SHRI.SREEJITH K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:51779
W.P.(C) No. 21395 of 2025
-2-
MOHAMMED NIAS C.P., J.
--------------------------------------------
W.P.(C) No. 21395 of 2025
--------------------------------------------
Dated this the 14th day of July, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i) To issue a writ of mandamus or other suitable writ, direction or order directing the respondent to permit the petitioner to pay off the entire present outstanding overdue amount in his loan account in 20 equal monthly installments along with the regular installments, commencing immediately, and direct respondent to regularise the loan account of the petitioner;
ii) To issue a suitable, writ, direction or order in the nature of mandamus directing the respondent to keep in abeyance all measures under the SARFAESI Act against the petitioner and his property until regularisation of the loan as sought for under relief (i) above.
iii) To exempt the petitioner from producing English translation of any vernacular document produced or to be produced during the proceeding.
2025:KER:51779 W.P.(C) No. 21395 of 2025 -3-
iv) To grant such other reliefs and incidental reliefs as this Hon'ble Court may deem proper and necessary in the facts and circumstances of the case and to allow the writ petition.
2. An interim order was passed by this court on 10.06.2025 as follows:-
Notice before admission. The learned Standing Counsel takes notice for the respondent and seeks time to file a statement. To consider the prayers sought in the writ 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.3,00,000/- (Rupees three lakhs only) within a month from today. 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.
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 2025:KER:51779 W.P.(C) No. 21395 of 2025 -4- 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 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:51779 W.P.(C) No. 21395 of 2025 -5- APPENDIX OF WP(C) 21395/2025 PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 23/06/2018 OF MRS. VICTORIYA ISSUED BY ATTINGAL MUNICIPALITY Exhibit-P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED 24/10/2018 OF SHYLA CHRIS JOE (PETITIONER'S WIFE/THE BORROWER) ISSUED BY TRIVANDRUM MEDICAL COLLEGE Exhibit-P3 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S WIFE MRS. SHYLA CHRIS JOE ISSUED ON 04/06/2020 BY MANICKAL GRAMA PANCHAYATH Exhibit-P4 TRUE COPY OF THE NOTICE DATED 16/05/2025 ISSUED BY THE ADVOCATE COMMISSIONER SHILPA CHANDRAN B.S. Exhibit-P5 TRUE COPY OF THE STATEMENT OF ACCOUNTS PERTAINING TO THE ABOVEMENTIONED LOAN FOR THE PERIOD FROM 01/11/2007 TO 20/11/2023