Kerala High Court
Rekha Paul.S vs Sundram Finance on 18 July, 2025
WP(C) NO. 22237 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 22237 OF 2025
PETITIONER:
REKHA PAUL.S.,
W/O SANTHOSH M.A, ALUVILA VEEDU, CHITTACODE,
MARANADU, KUNDARA, KOLLAM, PRESENTLY RESIDING AT
C-22. TWENTY HOUSE STREET, BLOCK 19, NEYVELI,
KURINJIPADI TALUK, CUDALLORE,
TAMILNADU, PIN - 691505
BY ADV SRI.P.T.SHEEJISH
RESPONDENTS:
1 SUNDRAM FINANCE,
REPRESENTED BY ITS BRANCH MANAGER, 1ST FLOOR,
KANDATHIL BUILDING, KADAPAKKADA POST,
KADAPAKKADA, KOLLAM DISTRICT, PIN - 691008
2 AUTHORIZED OFFICER,
SUNDARAM FINANCE, 1ST FLOOR, KANDATHIL BUILDING,
KADAPAKKADA POST, KADAPAKKADA, KOLLAM DISTRICT,
PIN - 691008
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The writ petition is filed with the following prayers.
"(i) To issue a writ of mandamus or order or direction to the
1st respondent to keep the coercive proceedings pursuant to
Exhibit P3 and P4 against the petitioner in abeyance and
permit the petitioner to pay the overdue amount in 30
monthly installments or to avail O.T.S scheme or to regularize
the loan without hampering the family life of the petitioner.
(ii) To issue a writ of mandamus or order or direction to the
1st respondent to provide a proper loan account statement.
(iii) Such other relief's as this Hon'ble Court deems fit to
grant in the nature of this case."
2. An interim order was passed by this court on 18.06.2025
as follows.
"Notice before admission. Adv. Vipin C. Varghese takes notice
for the respondents and seeks time to get instructions. To
consider the prayers sought in the original 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..2,00,000/- (Rupees
two 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
16.07.2025"
3. An extension order was passed by this court on
07.07.2025 as follows.
"This is an application seeking modification of the
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interim order dated 18.06.2025 passed by this Court, which
directed the petitioner to remit an amount of Rs.2,00,000/-
within one month.
2. Learned counsel for the petitioner and the
learned counsel for the respondent Bank submit that as on
date, the overdue amount is only Rs. 2,32,468/- (Rupees two
lakh thirty two thousand four hundred and sixty eight only).
3. In view of the above, I am inclined to vary the
order passed on 18.06.2025 by directing the petitioner to remit
an amount of Rs.1,00,000/- (Rupees one lakh only) on or
before 16.07.2025.
4. The order dated 18.06.2025 is modified as above.
The I.A. is disposed of as above.
Post on 18.07.2025."
4. It is not disputed before me that no amount has been
paid pursuant to the above orders.
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
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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.
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
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APPENDIX OF WP(C) 22237/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE POSSESSION NOTICE
ISSUED BY THE 1ST RESPONDENT BANK DATED
19.02.2025
Exhibit P2 THE TRUE COPY OF THE ACCOUNT STATEMENT
ISSUED BY THE 1ST RESPONDENT BANK
Exhibit P3 THE TRUE COPY OF THE ADVOCATE
COMMISSION NOTICE ISSUED BY THE 1ST
RESPONDENT HEREIN TO THE PETITIONER IS
DATED 04.06.2025
Exhibit P4 THE TRUE COPY OF THE M.C ORDER ISSUED
AGAINST THE PETITIONER IN M.C 776 OF
2025 ON THE FILES OF CHIEF JUDICIAL
MAGISTRATE DATED 08.05.2025
Exhibit P5 TRUE COPY OF THE TREATEMENT DOCUMENT OF
APPLICANT'S HUSBAND DATED 4/9/2024
