Kerala High Court
Shamsheer Maheen vs Hdfc Bank Ltd, Represented By The ... on 4 August, 2025
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WP(C) No. 30714 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 30714 OF 2024
PETITIONER:
SHAMSHEER MAHEEN,
AGED 43 YEARS, S/O MAHEEN KANNU,
SHAMSEER MANZIL, ULIYANCODU PUTHEN VEEDU,
PANGODE P.O., THIRUVANANTHAPURAM, PIN-695609
BY ADVS.
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.VINAYAK G MENON
SHRI.THAREEQ ANVER
KUM.K.SALMA JENNATH
SMT.MINU VITTORRIA PAULSON
SMT.NEETHU S.
SMT.ARCHANA P.P.
RESPONDENTS:
1 HDFC BANK LTD,
REPRESENTED BY THE AUTHORIZED OFFICER,
OPP TAGORE THEATRE, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN-695010
2 THE BRANCH MANAGER,
HDFC BANK LTD, KAZHAKOTTAM BRANCH,
PADMANABHAM BUILDING, TECHNOPARK ROAD,
THIRUVANANTHAPURAM, PIN-695581
BY ADVS.
SRI.PREMCHAND M.
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WP(C) No. 30714 of 2024
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SMT.S.AMBILY
SMT.RUPA R. NAIR
SHRI.RUBAN JOE TONIYO
SRI.K.K.CHANDRAN PILLAI (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 30714 of 2024
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MOHAMMED NIAS C.P., J.
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W.P.(C) No.30714 of 2024
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Dated this the 4th day of August, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
I. To issue a writ of mandamus or any other
appropriate writ, order or direction commanding
the respondent bank to regularize the loan account
of the petitioner after allowing him to pay the
overdue amounts in 20 installments.
II. To issue a writ of mandamus or any other
appropriate writ, order or direction commanding
the respondents not to proceed further against the
mortgaged property of the petitioner or under any
other law against the petitioner.
III. To pass such other writ, order, or direction that
this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case.
2. An interim order was passed by this court on 30.08.2025 as
follows:-
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"Admit. Issue notice by speed post to the respondents. Post
after completion of service. There will be an order staying all
further proceedings pursuant to Ext.P3 for a period of one
month on condition that the petitioner remits an amount of
Rs.50,000/- within a period of two weeks from today."
3. Later, on 18.02.2025, this Court extended the time for
compliance with the interim order, as follows:-
Interim order will continue for a period of two weeks
subject to the condition that the petitioner shall remit a
sum of Rs.2,00,000/- (Rupees Two lakhs only) towards the
loan liability within a period of ten days from today. Post
on 04.03.2025.
4. Again, this Court further extended the interim order on
02.07.2025, as follows:-
The interim order granted by this Court on 18.02.2025 will
stand extended for a period of one month on the
petitioner paying an amount of Rs.2,44,224/- (Rupees two
lakh forty four thousand two hundred and twenty four
only) within a month. It is made clear that if the above
payment is not made, the Bank will be at liberty to
proceed in accordance with law. Post on 30.07.2025.
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5. It is not disputed before me that the above orders have
not been complied with by the petitioner.
6. This Court exercises very limited jurisdiction in matters
arising under the Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest 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
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
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this Court to permit him to clear the liability in instalments.
The Writ petition is dismissed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) 30714/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LEGAL NOTICE DATED
21/11/2023 ISSUED BY LAWYER OF THE 1ST
RESPONDENT BANK TO THE PETITIONER
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED
01/07/2024 ISSUED BY THE WIFE OF THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED
16/07/2024 ISSUED UNDER SECTION 13(2) OF
THE SARFAESI ACT 2002 BY THE 1ST
RESPONDENT TO THE PETITIONER
EXHIBIT P4 THE TRUE COPY OF THE GOOGLE PAY PAYMENT
RECEIPT OF RS.50,000/- DATED 31/08/2024
MADE BY THE PETITIONER TOWARDS HIS LOAN
ACCOUNT MAINTAINED WITH THE 2ND
RESPONDENT BANK
Exhibit P5 THE TRUE COPY OF THE RELEVANT PAGES OF
THE E-STATEMENT OF ACCOUNT OF THE
PETITIONER DOWNLOADED FROM THE MOBILE
APPLICATION OF THE RESPONDENT BANK
