Naseema P vs Canara Bank, Puthanathani Branch
2025 Latest Caselaw 1012 Ker

Kerala High Court

Naseema P vs Canara Bank, Puthanathani Branch on 15 July, 2025

WP(C) NO. 23203 OF 2025                  1




                                                     2025:KER:52557

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947

                       WP(C) NO. 23203 OF 2025


PETITIONER:

            NASEEMA P.,
            AGED 47 YEARS
            W/O NAZAR PULLUNI, PULOONI HOUSE, THEYYALA POST,
            NANNAMBRA, THEYYALINGAL, MALAPPURAM, PIN - 678320

            BY ADVS.
            SRI.ENOCH DAVID SIMON JOEL
            SRI.S.SREEDEV
            SRI.RONY JOSE
            SHRI.LEO LUKOSE
            SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
            SHRI.DERICK MATHAI SAJI
            SHRI.KARAN SCARIA ABRAHAM
            SHRI.ITTOOP JOY THATTIL


RESPONDENTS:

    1       CANARA BANK, PUTHANATHANI BRANCH,
            PARAMBADAN ARCADE,AP3/607, NH JUNCTION,
            PUNNATHALA,PUTHANATHANI, KERALA ,REPRESENTED BY ITS
            BRANCH MANAGER, PIN - 676552

    2       THE AUTHORISED OFFICER,
            CANARA BANK, PUTHANATHANI BRANCH,PARAMBADAN
            ARCADE,AP3/607, NH JUNCTION, PUNNATHALA,
            PUTHANATHANI, KERALA ,REPRESENTED BY ITS BRANCH
            MANAGER, PIN - 676552


            SRI. M. GOPIKRISHNAN NAMBIAR, SC.


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23203 OF 2025                             2




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                                   JUDGMENT

The writ petition is filed with the following prayers.

(i) issue of a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext. P8 and all proceedings pursuant thereto and quash the same.

(ii) Issue a writ of mandamus or other appropriate writ, order or direction directing the Respondents not to proceed with coercive proceedings under SARFAESI Act until further orders.

(iii) Issue a writ of mandamus or other appropriate writ, order or direction directing the Respondents to permit the Petitioner to regularize the loan account 125003749330 and to remit the entire outstanding dues to the Bank in monthly installments.

(iv) Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.

(v) Issue such other appropriate order or direction dispensing with the filing of English translation of the vernacular documents produced along with the writ petition.

2. An interim order was passed by this court on 24.06.2025 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

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to the petitioner to remit an amount of Rs.15,00,000/- (Rupees fifteen lakhs only) within three weeks. 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 15.07.2025."

3. It is not disputed before me that no amount has been paid

pursuant to the above order.

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

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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.

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

lsn

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APPENDIX OF WP(C) 23203/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 27.09.2024 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 24.12.2024 ISSUED UNDER SECTION 13(4) OF THE SARFAESI ACT.

Exhibit P3 TRUE COPY OF THE M. C. NO. 255/2025 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATES COURT, MANJERI.

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY ADVOCATE SUDHEESH K. DATED 10.03.2025.

Exhibit P5 TRUE COPY OF THE AMENDED S. A. NO. 73/2025 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL NO. 1, ERNAKULAM.

Exhibit P6 TRUE COPY OF THE PRINT OUT OF THE PROCEEDINGS DATED 27.03.2025 IN S. A. NO. 73/2025 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL NO. 1, ERNAKULAM.

Exhibit P7 TRUE COPY OF THE PRINT OUT OF THE PROCEEDINGS OF 20.06.2025 IN S. A. NO. 73/2025 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL NO. 1, ERNAKULAM.

Exhibit P8 TRUE COPY OF THE SALE NOTICE DATED 21.05.2025.