Kerala High Court
Savithri M.P vs The Kerala State Co-Operative Bank Ltd on 27 August, 2025
WP(C) NO. 20281 OF 2025 1
2025:KER:65930
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947
WP(C) NO. 20281 OF 2025
PETITIONER:
SAVITHRI M.P.,
AGED 59 YEARS
W/O.LATE UNNIKRISHAN @ KRISHNANKUTTY, ARANGOTTIL
HOUSE, KUNNAKAVU P.O., ELAMKULAM, MALAPPURAM
DISTRICT, PIN - 679340
BY ADV SHRI.N.RAJESH
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE BANK LTD.,
(ERSTWHILE MALAPPURAM DISTRICT CO-OPERATIVE
BANK), LADIES BRANCH, PERINTHALMANNA REPRESENTED
BY ITS BRANCH MANAGER, PIN - 679322
2 THE AUTHORISED OFFICER,
THE KERALA STATE CO-OPERATIVE BANK LTD.,
(ERSTWHILE MALAPPURAM DISTRICT CO-OPERATIVE
BANK), P.B NO.8, MANJERI ROAD, UP-HILL,
MALAPPURAM, PIN - 676505
3 THE JOINT REGISTRAR (GENERAL),
KERALA STATE CO-OPERATIVE BANK, PALAKKAD REGION,
MALAPPURAM DISTRICT, PIN - 676505
BY ADV SRI.GILBERT GEORGE CORREYA
OTHER PRESENT:
SRI. K.S. ARUN KUMAR, SC.
WP(C) NO. 20281 OF 2025 2
2025:KER:65930
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 20281 OF 2025 3
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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 directing the respondents to permit the
petitioner to settle the loan liability under loan
No.OD090296042820073 with the 1st respondent bank by paying
the principal amount with reasonable interest in sufficient
equal monthly installments.
ii). To issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents to permit the
petitioner to settle the loan liability under loan
No.OD090296042820073 with the 1st respondent bank either
under the one time settlement scheme or under the RM Policy
of 1st respondent bank.
iii). Petitioner also pray that this Hon'ble Court may be
pleased to dispense with the translation of the document
produced in the Vernacular Language.
iv). To grant such other reliefs as are prayed during the cases
of the writ petition."
2. An interim order was passed by this court on 07.07.2025
as follows.
"Two weeks' further time is granted to the respondent Bank
to file a statement. There will be an interim order for a period
of one month on condition that the petitioner remits an
amount of Rs.2,00,000/- (Rupees two lakhs only) to the
respondent Bank. Post on 07.08.2025."
3. An extension order was passed by this court in I.A No.1
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of 2025 on 07.08.2025 as follows.
"This is an application seeking extension of time
to comply with the interim order passed by this Court on
07.07.2025.
Taking note of the averments made therein and
after hearing the learned counsel appearing on both sides, I
am inclined to grant ten days time as last chance to comply
with the interim order, making it clear that no further time
will be granted.
W.P.C
Interim order is extended for a period of three
weeks.
Post on 27.08.2025."
4. It is not disputed before me that the above orders have
not been complied with by the petitioner.
5. 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,
2025:KER:65930
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 her to clear
the liability in instalments.
6. 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
Anu
2025:KER:65930
APPENDIX OF WP(C) 20281/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF LAND TAX RECEIPT
NO.KL10020602934/2023 DATED 01.05.2023
ISSUED FROM THE VILLAGE OFFICE,
ELAMKULAM
Exhibit P2 TRUE COPY OF OPD SHEET DATED 06.06.2022
ISSUED FROM THE MVR CANCER CENTRE &
RESEARCH INSTITUTE, POOLACODE,
KOZHIKODE.
Exhibit P3 TRUE COPY OF OPD SHEET DATED 09.06.2022
ISSUED FROM THE MVR CANCER CENTRE &
RESEARCH INSTITUTE, POOLACODE,
KOZHIKODE
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 02.12.2022 IN
W.P(C) NO.37819/2022.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
29.12.2022 SUBMITTED BY THE PETITIONER.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
21.03.2023 SUBMITTED BY THE PETITIONER
TO THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF COMMUNICATION WITH REF:
RECOVERY CELL/CMO/2023-24 DATED
19.04.2023 ISSUED BY THE DEPUTY GENERAL
MANAGER, KERALA STATE CO-OPERATIVE BANK
TO THE PETITIONER.
Exhibit P8 TRUE COPY OF THE LETTER DATED
25.10.2023 ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER.
Exhibit P9 TRUE COPY OF THE PETITION DATED
02.12.2023 SUBMITTED BY THE PETITIONER
BEFORE THE MINISTER FOR CO-OPERATION OF
STATE OF KERALA.
Exhibit P10 TRUE COPY OF THE REPLY DATED 26.12.2023
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT.
Exhibit P11 TRUE COPY OF THE PLAINT IN ARC
NO.915/2023 FILED BY THE BANK BEFORE
THE JOINT REGISTRAR (GENERAL),
MALAPPURAM.
Exhibit P12 TRUE COPY OF NOTICE
NO.KB/MPM/RO/SF/42820073/24-25 DATED
08.07.2024 ISSUED BY THE 2ND RESPONDENT
2025:KER:65930
TO THE PETITIONER.
Exhibit P13 TRUE COPY OF REQUEST DATED 21.10.2024
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT.
Exhibit P14 TRUE COPY OF WRITTEN REQUEST DATED
28.03.2025 SUBMITTED BY THE PETITIONER
BEFORE THE CHIEF MINISTER OF KERALA.
Exhibit P15 TRUE COPY OF COMMUNICATION DATED
02.05.2025 WITH REF: RECOVERY
CELL/CMO/2025-26 ISSUED BY THE SPECIAL
OFFICER OF KERALA STATE CO-OPERATIVE
BANK LTD TO THE PETITIONER.
Exhibit P16 TRUE COPY OF REPRESENTATION DATED
07.05.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P17 TRUE COPY OF RECEIPT DATED 09.05.2025
ISSUED BY THE 1ST RESPONDENT EVIDENCING
REMITTANCE OF RS.3 LAKHS.
Exhibit P18 TRUE COPY OF NOTICE
NO.KSCB/MPM/SAR/PLB/0902960
42820073/2024-25 DATED 08.05.2025
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
