Kerala High Court
Baby John vs Union Bank Of India on 11 August, 2025
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WP(C) NO.24969 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
WP(C) NO. 24969 OF 2025
PETITIONER/S:
BABY JOHN,
AGED 53 YEARS
S/O JAIN, PUTHUVAL PUTHEN VEEDU, KALLAYAM P.O.,
NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695043
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENT/S:
1 UNION BANK OF INDIA,
REPRESENTED BY ITS AUTHORIZED OFFICER UNDER THE
SARFAESI ACT, PEROORKKADA BRANCH,
THIRUVANANTHAPURAM, PIN - 695005
2 BRANCH MANAGER,
UNION BANK OF INDIA, PEROORKKADA BRANCH,
THIRUVANANTHAPURAM, PIN - 695005
BY ADVS.
SHRI.ASP.KURUP, SC
SRI.SADCHITH.P.KURUP
SRI.C.P.ANIL RAJ
SHRI.SIVA SURESH
SMT.B.SREEDEVI
SMT.ATHIRA VIJAYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.24969 OF 2025
2
JUDGMENT
The writ petition is filed with the following prayers.
"1. Call for the entire records leading to Ext.P1, P9, P11, P13,
P14 and P16 from the respondents;
2. Quash Ext.16 notice by a writ of certiorari or any other writ,
directions or order;
3. Issue a writ of mandamus or any other writ, directions or
order directing the respondents to grant installment facility to
clear the loan arrears in installments and regularize the loan
on such terms as fixed by this Hon'ble Court after regularizing
the loan;
4. To dispense with the production of English translation of
vernacular documents
5. Such other relief that this Honorable court may deem fit to
render justice to the Petitioner. "
2. An interim order was passed by this court on 08.07.2025 as
follows.
" Notice before admission. The learned Standing Counsel takes
notice for the respondents 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.10 lakhs (Rupees ten
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. Post on 11.08.2025. "
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WP(C) NO.24969 OF 2025
3. It is not disputed before me that the above order has not
been complied with by the petitioner.
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 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.
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WP(C) NO.24969 OF 2025
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
JJ
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WP(C) NO.24969 OF 2025
APPENDIX OF WP(C) 24969/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SECTION 13(2) NOTICE OF
SARFAESI ACT DATED 24.02.2023
Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN W.P.(C) NO.19393/2023 DATED
11.08.23
Exhibit P3 TRUE COPY OF PETITION IN S.A NO.614/2023
OF DRT-II, ERNAKULAM (WITHOUT ANNEXURES)
Exhibit P4 TRUE COPY OF THE ORDER OF THE DEBTS
RECOVERY TRIBUNAL, ERNAKULAM IN S.A
NO.614/2023 DATED 06.11.2023
Exhibit P5 TRUE COPY OF THE RECEIPT SHOWING THE
REMITTANCE OF RS.3 LAKHS DATED 20.11.23 IN
TWO INSTALLMENTS
Exhibit P6 TRUE COPY OF THE PETITION IN I.A NO
Exhibit P7 TRUE COPY OF THE ORDER OF THE DEBTS
RECOVERY TRIBUNAL DATED 04.01.2024 IN S.A
NO.614/2023 AS AVAILABLE IN THE WEBSITE OF
THE DRT
Exhibit P8 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT DATED 15.01.2024 IN O.P (DRT) NO 18
OF 2024
Exhibit P9 TRUE COPY OF THE NOTICE OF THE ADVOCATE
COMMISSIONER DATED 05.02.24
Exhibit P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 05.03.2024 IN W.P.(C) NO.
Exhibit P11 TRUE COPY OF THE ORDER OF THE DEBTS
RECOVERY TRIBUNAL, ERNAKULAM IN S.A
NO.614/2023 DATED 27.05.2025
Exhibit P12 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN O.P.(DRT) NO.128/2025 DATED
20.05.2025
Exhibit P13 TRUE COPY OF THE RECEIPT SHOWING PAYMENT
OF RS.50,000/- ON 30.06.2025 WITH THE 2ND
RESPONDENT
Exhibit P14 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 30.06.2025
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WP(C) NO.24969 OF 2025
Exhibit P15 TRUE COPY OF THE SUMMONS ISSUED FROM DRT,
ERNAKULAM IN O.A NO.400/2025 DATED
05.05.2025
Exhibit P16 TRUE COPY OF THE NOTICE OF THE ADVOCATE
COMMISSIONER DATED 21.06.2025
RESPONDENT EXHIBITS
Exhibit R1A A true copy of the order dated 16.02.2024
passed in IA No. 1/2024 in OP DRT 18/2024
Exhibit R1B A true copy of the order dated 16.12.2024
passed in IA No. 1/2024 in WPC No.
Exhibit R1C A true copy of the reply dated 5.7.2025
given by the bank to petitioner
