Kerala High Court
Ranjith.E.V vs The Authorized Officer on 21 July, 2025
WP(C) NO. 22651 OF 2025 1
2025:KER:54098
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 22651 OF 2025
PETITIONER:
RANJITH.E.V.,
AGED 40 YEARS
S/O. KUNHAMBU NAIR ,RESIDING AT KALLADAMBI HOUSE,
ECHIKANAM,.P.O, AMBALATHARA,HOSDURG TALUK,
KANHANGAD,KASARGODE, PIN - 671531
BY ADV SMT.M.R.JAYALATHA
RESPONDENTS:
1 THE AUTHORIZED OFFICER,
CANARA BANK , KANHANGAD BRANCH-II, NEAR BUS
STAND, KOTTACHERY, KANHANGAD, PIN - 671315
2 THE CANARA BANK,
KANHANGAD BRANCH-II, NEAR BUS STAND, KOTTACHERY,
KANHANGAD,REPRESENTED BY ITS BRANCH MANAGER,
PIN - 671315
OTHER PRESENT:
M.GOPIKRISHNAN NAMBIAR-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The writ petition is filed with the following prayers.
"(i) Issue a writ of certiorari or any other appropriate writ, order,
or direction, quashing the sale notice issued by the respondent bank
dated 12.5.2025.
(ii) Issue a writ of mandamus or other appropriate writ, order or
direction directing to the respondent to consider and pass orders on
Expt.P2 application for one time settlement filed by the petitioner,
after affording an opportunity of being heard to the petitioner,
within a time frame fixed by this Hon'ble Court;
(iii) Issue a writ of mandamus or any other appropriate writ, order,
or direction directing the respondent to grant the petitioner a
period of twenty months to clear the entire overdue amount in the
housing loan.
(iv) Issue a writ of mandamus or other appropriate writ, order or
direction directing to the respondent to regularize and reschedule
the housing loan account of the petitioner and permit him to clear
the dues by easy instalments;
(v) Issue a writ of mandamus or other appropriate writ, order or
direction directing the respondent to keep in abeyance the
operation of Expt. P1 Notice dated 12.5.2025 and all further
proceedings for a period of six months; and
(vi) Issue a writ of prohibition restraining the respondent bank
from proceeding with the sale of the secured asset until a final
decision is taken on the OTS proposal.
(vii) Issue appropriate Writ, Order or Direction, directing the
respondent bank to regularize the loan accounts of the petitioner or
reschedule the same.
(viii) Grant such other reliefs as this Honourable Court may deem
fit and proper in the facts and circumstances of the case. "
2. An interim order was passed by this court on 19.06.2025
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as follows.
"To consider the prayers sought for in the writ
petition seeking instalment facility and to defer the coercive
steps against the petitioner, as an interim measure, there will
be a direction to the petitioner to remit an amount of Rs..
25,00,000/- (Rupees Twenty Five 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.
2. The learned Standing Counsel for the bank
submits that out of the three items of property offered as
security, the property which is mentioned in Ext.P1,
consisting of 13 cents, belongs to the guarantor, Sri.
Prabhakaran, who requested the bank to sell the same to wipe
off the liability. It is clarified that this order of stay will not
affect the said property, and the bank will be free to proceed
against the same.
Post on 21.07.2025."
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
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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
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.
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.
Anu JUDGE
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APPENDIX OF WP(C) 22651/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE E-AUCTION SALE
NOTICES, DATED 12.5.2025 ISSUED TO THE
PETITIONER, PERTAINING TO THE MORTGAGED
PROPERTIES
Exhibit P2 A TRUE COPY OF THE OTS PROPOSAL DATED
19.6.2025 TO THE RESPONDENT BANK
