[Cites 1, Cited by 0]
Kerala High Court
Ginoy P. P vs Dcb Bank Limited on 23 December, 2025
2025:KER:98808
W.P.(C.) No. 46402 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 23RD DAY OF DECEMBER 2025 / 2ND POUSHA, 1947
WP(C) NO. 46402 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 14.08.2025 IN CRMP
NO.7670 OF 2025 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR
PETITIONERS:
1 GINOY P. P.,
AGED 50 YEARS
S/O. PAUL P.S., PARAMBI HOUSE, PURANATTUKARA P.O.,
CHITTILAPPILLY VILLAGE, THRISSUR DISTRICT, PIN -
683547
2 MRS. OMANA PAUL,
AGED 73 YEARS
W/O. PAUL P.S., PARAMBI HOUSE, PURANATTUKARA P.O.,
CHITTILAPPILLY VILLAGE, THRISSUR DISTRICT, PIN -
683547
BY ADVS.
SRI.SUMODH MADHAVAN NAIR
SMT.S.AGILA
RESPONDENTS:
DCB BANK LIMITED,
REPRESENTED BY ITS AUTHORIZED OFFICER 67/6249-A,
ST. FRANCIS ASSISI HALL, BROADWAY, ERNAKULAM,
KOCHI, KERALA, PIN - 682031
BY ADVS.
SRI.B.S.SURESH KUMAR
SRI.ASHLEY JOHN
SMT.RANJANA V.
SMT.ANUSREE C.S.
2025:KER:98808
W.P.(C.) No. 46402 of 2025
2
SHRI.JAISON MATHEW
SHRI.SAVIO BINOY CORREYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:98808
W.P.(C.) No. 46402 of 2025
3
JUDGMENT
By the interim order dated 12.12.2025, the petitioners
were directed to pay an amount of Rs.1,00,000/- (Rupees One lakh
only) within ten days. The learned counsel for the petitioners and
the learned Standing Counsel for the respondent bank submitted
that the interim order was complied with by the petitioners.
2. The learned Standing Counsel for the Bank submitted
that the remaining overdue amount is Rs.3,41,491/- (Rupees three
lakh forty-one thousand four hundred and ninety-one only). He
further submitted that if the petitioners are willing to clear the
above said amount within a reasonable time, the bank is prepared
to refrain from proceeding against the petitioners under the
SARFAESI Act.
3. The learned counsel for the petitioners submitted that
the petitioners are prepared to pay the above amount in seven
equal monthly installments. The learned counsel for the
respondent bank submitted that if the amount is paid in a period
of seven months, the bank will not proceed further under the
SARFAESI Act. In view of the submissions made by both sides, the
petitioners shall remit a total amount of Rs.3,41,491/- (Rupees
Three lakh forty-one thousand four hundred and ninety one only)
2025:KER:98808
in seven equal monthly installments commencing from
12.01.2026. The Bank shall not proceed against the petitioners if
the petitioners pay the entire amount as directed above. However,
it will be open to the bank to proceed against the petitioners as
per law in case of any default.
With the above directions, this writ petition is disposed of.
Sd/-
S.MANU
JUDGE
sjb/23.12.2025
2025:KER:98808
APPENDIX OF WP(C) NO. 46402 OF 2025
PETITIONER EXHIBITS
Exhibit - P1 A TRUE COPY OF THE STATEMENT OF ACCOUNT
FOR LOAN ACCOUNT NO DRBLTHR00580999 FROM
9/3/2023 TILL 10/11/2025 ISSUED TO THE
FIRST BY THE RESPONDENT BANK
Exhibit - P 2 A TRUE COPY OF SECTION 13(2) NOTICE
ISSUED TO THE PETITIONER'S BY THE
RESPONDENT BANK AND DATED 17/2/2025
Exhibit - P3 A TRUE COPY OF THE POSSESSION NOTICE
ISSUED TO THE PETITIONER'S UNDER SECTION
13(4) OF THE SARFAESI ACT AND DATED
26/4/2025
Exhibit - P4 A TRUE COPY OF THE ORDER DATED 14/8/2025
PASSED BY THE HON'BLE CHIEF JUDICIAL
MAGISTRATE COURT, THRISSUR IN CRL M.P
Exhibit - P5 A TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER'S AND DATED 8/10/2025
