Kerala High Court
Baby Mathew vs The South Indian Bank Ltd on 7 August, 2025
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 28772 OF 2025
PETITIONER/S:
1 BABY MATHEW,
AGED 67 YEARS
S/O MATHEW, THEKKEVATTAKUNNEL HOUSE,
NAKAPUZHA P.O, ERNAKULAM, PIN - 686668
2 BESSY BABY,
AGED 62 YEARS
W/O BABY MATHEW,THEKKEVATTAKUNNEL HOUSE, NAKAPUZHA
P.O, ERNAKULAM, PIN - 686668
BY ADVS.
SHRI.R.PADMARAJ
SMT.SREEDEVI V.S.
SHRI.SAJEEVAN V.T.
RESPONDENT/S:
1 THE SOUTH INDIAN BANK LTD,
REPRESENTED BY ITS CHIEF MANAGER,REGIONAL OFFICE,
1ST FLOOR, REGENCY SQUARE,COLLECTORATE P.O,
KOTTAYAM, PIN - 686002
2 THE MANAGER,
THE SOUTH INDIAN BANK LTD,BRANCH: KALOOR VIA
KALLOORKKAD,ERNAKULAM DISTRICT, PIN - 686668
3 THE RECOVERY OFFICER,
ATTACHED TO THE DEBTS RECOVERY TRIBUNAL- I,2ND
FLOOR, KERALA HOUSING BOARD BUILDING,MANORAMA
JUNCTION, PANAMBILLY NAGAR,ERNAKULAM, KOCHI,
PIN - 682036
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WP(C) NO.28772 & 28218 OF 2025
2
4 THE AUTHORISED OFFICER,
THE SOUTH INDIAN BANK LIMITED,THODUPUZHA MAIN
BRANCH,THODUPUZHA,IDUKKI, PIN - 685584
BY ADVS.
SHRI.SUNIL SHANKER, SC
SMT.VIDYA GANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2025, ALONG WITH WP(C).28218/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 28218 OF 2025
PETITIONER/S:
1 BABY MATHEW,
AGED 67 YEARS
S/O MATHEW, THEKKEVATTAKUNNEL HOUSE,NAKAPUZHA P.O,
ERNAKULAM, PIN - 686668
2 BESSY BABY,
AGED 62 YEARS
W/O BABY MATHEW, THEKKEVATTAKUNNEL HOUSE,NAKAPUZHA
P.O, ERNAKULAM, PIN - 686668
BY ADVS.
SHRI.R.PADMARAJ
SHRI.SAJEEVAN V.T.
SRI.R.AJITH KUMAR [V.K.EDOM]
SHRI.ARJUN S. PRAKASH
SHRI.ANAND SASIDHARAN
SMT.SREEDEVI V.S.
SRI.M.J.BENNY
RESPONDENT/S:
1 THE SOUTH INDIAN BANK LTD.,
REPRESENTED BY ITS CHIEF MANAGER, REGIONAL OFFICE,
1ST FLOOR, REGENCY SQUARE,COLLECTORATE P.O,
KOTTAYAM, PIN - 686002
2 THE MANAGER,
THE SOUTH INDIAN BANK LTD,BRANCH: KALOOR VIA
KALLOORKKAD,ERNAKULAM DISTRICT, PIN - 686668
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
4
3 THE RECOVERY OFFICER,
ATTACHED TO THE DEBTS RECOVERY TRIBUNAL- I,2ND
FLOOR, KERALA HOUSING BOARD BUILDING, MANORAMA
JUNCTION, PANAMBILLY NAGAR,ERNAKULAM, KOCHI, PIN -
682036
4 THE AUTHORISED OFFICER,
THE SOUTH INDIAN BANK LIMITED,THODUPUZHA MAIN
BRANCH,THODUPUZHA, IDUKKI, PIN - 685584
BY ADVS.
SHRI.SUNIL SHANKER, SC
SMT.VIDYA GANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2025, ALONG WITH WP(C).28772/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
5
JUDGMENT
WP(C) No.28218 of 2025 was filed on 30.07.2025 with the following
prayers;
i. Issue a writ of mandamus or any other appropriate
writ order or direction directing the 3rd respondent to
drop the sale proclamation issued by him fixing the date
of sale of the petitioners property on 31.07.2025 for
realization of the debt amount due to the certificate
holder bank in DRC No. 150/2023 in OA No. 25/2021.
ii. Issue a writ of mandamus or any other appropriate
writ order or direction directing the 1st respondent to
transfer the amount due to the 2nd petitioner along with
interest from out of the surplus sale consideration kept
with the 4th respondent as shown in the Exhibit P2 letter
to the 3rd respondent for adjusting the same towards the
decretal amount in DRC No. 150/2023 in OA. No 25/2021
and withdraw the said DRC.
iii. Issue a writ of mandamus or any other appropriate
writ order or direction directing the 1st respondent to
consider the request of the petitioners for a one time
settlement of the debt amount due to the bank in OA No.
iv. Issue such other order or direction as may be deemed
fit and proper to this Hon'ble Court in the facts and
circumstances of the case.
v. to dispense with the production of English translation
of documents in vernacular language.
2. The learned counsel on both sides submits that the sale took place
on 31.07.2025.
3. The second writ petition No.28772 of 2025 was filed on 01.08.2025,
praying for a direction against the 3 rd respondent, Recovery Officer, not to
confirm the sale held on 31.07.2025.
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WP(C) NO.28772 & 28218 OF 2025
4. The petitioner also points out that he had moved the Recovery
Officer of the Debts Recovery Tribunal by filing DRC No.150 of 2023,
challenging the sale, and while it was pending, the sale took place.
5. It is submitted by both sides that Ext.P5 application is presently
posted before the Recovery Officer on 12.08.2025 for hearing. Accordingly,
there will be a direction to the 3rd respondent Recovery Officer to hear both
sides and pass orders in accordance with law within three weeks from the
date of receipt of a copy of this judgment. All further proceedings pursuant
to the sale held on 31.07.2025 will be deferred till orders are passed as
directed above.
These writ petitions are disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
APPENDIX OF WP(C) 28772/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RECOVERY CERTIFICATE
ISSUED BY THE DEBTS RECOVERY TRIBUNAL-1,
ERNAKULAM DATED 02.08.2023
Exhibit P2 A TRUE COPY OF THE LETTER DATED
06.04.2023 RECEIVED BY THE 2ND PETITIONER
FROM THE CHIEF MANAGER OF THE SOUTH
INDIAN BANK LTD., REGIONAL OFFICE,
KOTTAYAM
Exhibit P3 A TRUE COPY OF THE WILL DEED DATED
04.07.2008 EXECUTED BY LATE C.A. MATHEW
ALONGWITH AN ENGLISH TRANSLATION OF THE
SAME
Exhibit P4 A TRUE COPY OF THE LETTER DATED
16.07.2025 SENT BY THE PETITIONERS TO THE
REGIONAL OFFICE OF SOUTH INDIAN BANK,
KOTTAYAM
Exhibit P5 A TRUE COPY OF THE APPLICATION DATED
21.07.2025 FILED BY THE PETITIONERS
BEFORE THE RECOVERY OFFICER, DRT-1,
ERNAKULAM ALONG WITH ADVANCE HEARING
PETITION
Exhibit P6 A TRUE COPY OF THE APPLICATION DATED
30.07.2025 FILED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT-RECOVERY
OFFICER
Exhibit P7 A TRUE COPY OF THE REPLY LETTER DATED
28.07.2025 RECEIVED FROM THE CHIEF
MANAGER OF THE REGIONAL OFFICE OF SOUTH
INDIAN BANK, KOTTAYAM
2025:KER:59067
WP(C) NO.28772 & 28218 OF 2025
APPENDIX OF WP(C) 28218/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RECOVERY CERTIFICATE
ISSUED BY THE DEBTS RECOVERY TRIBUNAL-1,
ERNAKULAM DATED 02.08.2023
Exhibit P2 A TRUE COPY OF THE LETTER DATED
06.04.2023 RECEIVED BY THE 2ND PETITIONER
FROM THE CHIEF MANAGER OF THE SOUTH
INDIAN BANK LTD., REGIONAL OFFICE,
KOTTAYAM
Exhibit P3 A TRUE COPY OF THE WILL DEED DATED
04.07.2008 EXECUTED BY LATE C.A. MATHEW
ALONGWITH ITS ENGLISH TRANSLATION
Exhibit P4 A TRUE COPY OF THE LETTER DATED
16.07.2025 SENT BY THE PETITIONERS TO THE
REGIONAL OFFICE OF SOUTH INDIAN BANK,
KOTTAYAM
Exhibit P5 A TRUE COPY OF THE APPLICATION DATED
21.07.2025 FILED BY THE PETITIONERS
BEFORE THE RECOVERY OFFICER, DRT-1,
ERNAKULAM ALONG WITH ADVANCE HEARING
PETITION
