Kerala High Court
Arul Chris Joe vs Federal Bank Limited on 14 July, 2025
2025:KER:51779
W.P.(C) No. 21395 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 21395 OF 2025
PETITIONER:
ARUL CHRIS JOE,
AGED 45 YEARS, S/O. M.K. SUDHAKARA RAJ,
BIMI NIVAS, KOPPAM, PIRAPPANCODE P.O.,
THIRUVANANTHAPURAM DISTRICT, KERALA, PIN-695607
BY ADVS.
SRI.SUDEEP ARAVIND PANICKER
SHRI.A.S.DILEEP
SHRI.P.BINOD
SHRI.K.Y.SUDHEENDRAN
SMT.SUSEELA DILEEP
SHRI.K.N.HARISHANKAR
RESPONDENT:
FEDERAL BANK LIMITED,
MANGALAPURAM BRANCH, GROUND FLOOR,
NP ARCADE BUILDING, NH 47,
NEAR MASJID, THONNAKKAL, MANGALAPURAM,
THIRUVANANTHAPURAM DISTRICT, KERALA,
REPRESENTED BY ITS AUTHORISED OFFICER,
PIN-695317
BY ADVS.
SHRI.P.PAULOCHAN ANTONY
SHRI.SREEJITH K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No. 21395 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 21395 of 2025
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Dated this the 14th day of July, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i) To issue a writ of mandamus or other suitable writ,
direction or order directing the respondent to permit
the petitioner to pay off the entire present
outstanding overdue amount in his loan account in 20
equal monthly installments along with the regular
installments, commencing immediately, and direct
respondent to regularise the loan account of the
petitioner;
ii) To issue a suitable, writ, direction or order in the
nature of mandamus directing the respondent to keep
in abeyance all measures under the SARFAESI Act
against the petitioner and his property until
regularisation of the loan as sought for under relief (i)
above.
iii) To exempt the petitioner from producing English
translation of any vernacular document produced or
to be produced during the proceeding.
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iv) To grant such other reliefs and incidental reliefs as
this Hon'ble Court may deem proper and necessary in
the facts and circumstances of the case and to allow
the writ petition.
2. An interim order was passed by this court on 10.06.2025 as
follows:-
Notice before admission. The learned Standing Counsel takes
notice for the respondent 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
to the petitioner to remit an amount of Rs.3,00,000/- (Rupees
three lakhs only) within a month from today. It is made clear
that if the above payment is not made, the respondent will be
at liberty to proceed further, in accordance with law.
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
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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 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.
JUDGE
bpr
2025:KER:51779
APPENDIX OF WP(C) 21395/2025
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE DEATH CERTIFICATE DATED
23/06/2018 OF MRS. VICTORIYA ISSUED BY
ATTINGAL MUNICIPALITY
Exhibit-P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED
24/10/2018 OF SHYLA CHRIS JOE
(PETITIONER'S WIFE/THE BORROWER) ISSUED BY
TRIVANDRUM MEDICAL COLLEGE
Exhibit-P3 TRUE COPY OF THE DEATH CERTIFICATE OF THE
PETITIONER'S WIFE MRS. SHYLA CHRIS JOE
ISSUED ON 04/06/2020 BY MANICKAL GRAMA
PANCHAYATH
Exhibit-P4 TRUE COPY OF THE NOTICE DATED 16/05/2025
ISSUED BY THE ADVOCATE COMMISSIONER SHILPA
CHANDRAN B.S.
Exhibit-P5 TRUE COPY OF THE STATEMENT OF ACCOUNTS
PERTAINING TO THE ABOVEMENTIONED LOAN FOR
THE PERIOD FROM 01/11/2007 TO 20/11/2023
