Kerala High Court
Shereena.A.B vs Hdfc Bank Ltd on 12 August, 2025
OP (DRT) NO. 199 OF 2025 1 2025:KER:60427
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 12th DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
OP (DRT) NO. 199 OF 2025
SA NO.137 OF 2025 OF DEBT RECOVERY TRIBUNAL,
ERNAKULAM
PETITIONER/APPLICANT:
SHEREENA.A.B., AGED 50 YEARS,
W/O MOHAMMED FAIZAL P.K., POOVATHUMPARAMBIL (H),
NAMBIAPURAM ROAD,PALLURUTHY, ERNAKULAM,
PIN - 682006
BY ADVS. SRI.L.RAJESH NARAYAN
SMT.KEERTHANA SARIGA T.S.
RESPONDENT:
HDFC BANK LTD.,
REPRESENTED BY ITS BRANCH MANAGER,
PALARIVATTOM BRANCH, 3RD FLOOR, SL PLAZA,
PALARIVATTOM JUNCTION, ERNAKULAM, PIN - 682025
BY ADVS. SHRI.P.SATHISAN, SC
SHRI.SHIBU B.S
SHRI.BIJU P.PAUL
SMT.TEZNY A.K.
SHRI.ALVIN JEWEL S.S.
SMT.VIDHYA T.U.
SMT.ANTIJA JAMES
SMT.SWALIHA SELMI T.R.
SMT.LEENA VARGHESE
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 12.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP (DRT) NO. 199 OF 2025 2 2025:KER:60427
JUDGMENT
The original petition is filed with the following prayers.
"i. Direct the Hon'ble Debts Recovery Tribunal -1
Ernakulam to hear and pass orders in S.A No.137/2025
forthwith and defer further proceedings pursuant to
Ext.P5 till such time;
ii. Direct the respondents to defer further proceedings
pursuant to Ext.P5 till orders are passed in S.A
No.137/2025 on the files of the Hon'ble Debts Recovery
Tribunal-I, Ernakulam in the light of the payments
effected by the petitioner, though belatedly;
iii. Direct the respondents to consider the request of the
petitioner for regularization of the account after payment
of overdue in installments and also grant of OTS facility;
iv. Dispense with the production of translation of
vernacular documents;
v. Issue any such other orders, which this Hon'ble Court
may deem fit and proper considering the facts and
circumstances of the case."
2. An interim order was passed by this court on 18.07.2025
as follows.
" Issue notice by speed post to the respondent. There will be an
OP (DRT) NO. 199 OF 2025 3 2025:KER:60427
interim order as prayed for on condition that the petitioner
pays an amount of Rs.5 lakhs, within two weeks. Post on
01.08.2025"
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
OP (DRT) NO. 199 OF 2025 4 2025:KER:60427
interim order indicates that the petitioner in this case has not
shown any bona fides to enable this Court to permit her to clear the
liability in instalments.
5. Therefore, I find no reason to grant the reliefs sought for in
this original 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 original petition is dismissed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
OP (DRT) NO. 199 OF 2025 5 2025:KER:60427
APPENDIX OF OP (DRT) 199/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE S. 13(2) NOTICE DATED
26.10.2021 ISSUED TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE DATED
27.6.2022
Exhibit P3 TRUE COPY OF MC NO. 395/2023 FILED BY
THE RESPONDENTS BEFORE THE HONOURABLE
ACJM (MP/MLA) COURT, ERNAKULAM DATED
17.2.2023
Exhibit P4 TRUE COPY OF THE ORDER IN MC NO.
395/2023 OF THE ACJM (MP/MLA) COURT,
ERNAKULAM DATED 8.09.2023
Exhibit P5 TRUE COPY OF ADVOCATE COMMISSIONER
NOTICE DATED 10.02.2025 IN MC NO.
Exhibit P6 TRUE COPY OF CERSAI CERTIFICATE PRODUCED
BY THE RESPONDENT BEFORE THE ACJM COURT,
ERNAKULAM
Exhibit P7 TRUE COPY OF JUDGEMENT IN WPC 25124/2022
DATED 10.1.2024
Exhibit P8 TRUE COPY OF THE JUDGEMENT IN WPC
NO.5082/2024 DATED 6.3.2024
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC
15302/2024 DATED 12.4.2024
Exhibit P10 TRUE COPY OF THE ORDER IN RP 565/2024 IN
WPC 15302/2024 DATED 13.9.2024
Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED
OP (DRT) NO. 199 OF 2025 6 2025:KER:60427
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED
13.2.2025 IN WPC NO.4192/2025
Exhibit P13 TRUE COPY OF THE MEMORANDUM OF SA
NO.137/2025 BEFORE HON'BLE DRT 1,
WITHOUT EXHIBITS DATED 15.2.2025
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED
27.2.2025 IN OPDRT NO.72/2025
Exhibit P15 TRUE COPY OF THE PROCEEDINGS DATED
21.2.2025 IN SA 137/2025 OF THE HON'BLE
DRT 1 AS OBTAINED FROM THE WEB SITE
Exhibit P16 TRUE COPY OF THE RECEIPT DATED 23.6.2025
SHOWING PAYMENT OF RS.5 LAKHS
Exhibit P17 TRUE COPY OF THE RECEIPT DATED 16.7.2025
SHOWING PAYMENT OF RS.2 LAKHS
Exhibit P18 TRUE COPY OF THE APPLICATION DATED
18.6.2025 IN SA NO.137/2025 BEFORE THE
HON'BLE DRT1
Exhibit P19 TRUE COPY OF THE PROCEEDINGS DATED
23.6.2025 IN SA 137/2025 OF THE HON'BLE
DRT 1 AS OBTAINED FROM THE WEB SITE
// TRUE COPY //
P.A. TO JUDGE
