Kerala High Court
Baby V vs Canara Bank on 18 June, 2025
WP(C) NO. 17654 OF 2025 1 2025:KER:43869
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18th DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
WP(C) NO. 17654 OF 2025
PETITIONERS:
1 BABY V., AGED 58 YEARS,
S/O.DASAN, MOOTHEDATH HOUSE, PANAMANNA ROAD,
KANNIAMPURAM POST, OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679104
2 KRISHNA REGHA K.K., AGED 47 YEARS,
W/O.BABY.V, MOOTHEDATH HOUSE, PANAMANNA ROAD,
KANNIAMPURAM POST, OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679104
BY ADVS. SRI.R.SREEHARI
SHRI.HAMZA A.V.
SMT.APARNA M.P.
RESPONDENTS:
1 CANARA BANK, OTTAPALAM BRANCH, POST BOX NO.19,
JRJ COMPLEX, MAIN ROAD, OTTAPALAM POST,
OTTAPALAM TALUK, PALAKKAD DISTRICT,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 679101
2 AUTHORISED OFFICER,
CANARA BANK, RECOVERY SECTION, REGIONAL OFFICE,
SAFE WAY COMPLEX, PIRIVUSALA, CHANDRA NAGAR POST,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678007
3 KRISHNANKUTTY.K., AGED 63 YEARS,
S/O.SEKHARAN NAIR, KOTTUTHODIYIL HOUSE, NEAR
LAKSHAM VEEDU, KANNIAMPURAM POST,
WP(C) NO. 17654 OF 2025 2 2025:KER:43869
OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679104
SRI. GOPIKRISHNAN NAMBIAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 18.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17654 OF 2025 3 2025:KER:43869
JUDGMENT
The writ petition is filed with the following prayers.
(i) issue a writ of mandamus directing the 1 st respondent to
consider the request of the petitioners for regularizing the loan
accounts or to grant sufficient and reasonable instalment
facility so as to settle the liability due to the Bank and to take a
decision thereon within a reasonable time frame as this Hon'ble
Court may deem fit and proper.
(ii) To direct the 2nd respondent not to proceed against the
property of the petitioners in terms of Exhibit P4 Possession
Notice till a decision is taken by the 1st respondent on the
request of the petitioner seeking for regularization of the loan
account or for granting sufficient and reasonable instalment
facility so as to settle the liability due to the Bank.
(iii) To direct the respondent Nos.1 and 2 to grant sufficient and
reasonable instalment facility so as to settle the liability due to
the Bank and to regularize the loan accounts of the petitioners.
(iv) This Hon'ble Court may be pleased to dispense with the
filing of English Translation of the vernacular document filed
in this writ petition on such terms and conditions as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.
(v) Grant such other reliefs as this Hon'ble court deem fit and
proper in the facts and circumstances of the case. "
WP(C) NO. 17654 OF 2025 4 2025:KER:43869
2. An interim order was passed by this court on 09.05.2025
as follows.
" Notice before admission to the respondents. The learned
Standing Counsel takes notice for respondents 1 and 2. Issue
notice by speed post to the 3 rd respondent. Post on 03.06.2025.
There will be an interim direction to the 2 nd respondent not to
dispossess the petitioners based on Ext.P4, in the meantime, on
the petitioners remitting an amount of Rs.50,000/- (Rupees
fifty thousand only) within two weeks."
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,
WP(C) NO. 17654 OF 2025 5 2025:KER:43869
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 petitioners in this case have not
shown any bona fides to enable this Court to permit them 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 petitioners 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
DMR/-
WP(C) NO. 17654 OF 2025 6 2025:KER:43869
APPENDIX OF WP(C) 17654/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE STATEMENT OF ACCOUNTS
FOR THE PERIOD FROM 01/01/2020 TO
15/12/2020 WITH RESPECT TO THE LOAN
ACCOUNT NO. 44547740000019 ISSUED FROM
THE CANARA BANK, OTTAPALAM BRANCH
Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNTS
FOR THE PERIOD FROM 01/01/2020 TO
15/12/2020 WITH RESPECT TO THE LOAN
ACCOUNT NO. 44549730000041 ISSUED FROM
THE CANARA BANK, OTTAPALAM BRANCH
Exhibit P3 TRUE COPY OF THE NOTICE DATED 05/09/2024
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONERS UNDER SECTION 13(2) OF THE
SECURITISATION AND RECONSTRUCTION OF
FINANCIAL ASSETS AND ENFORCEMENT OF
SECURITY INTEREST ACT,2002
Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE DATED
10/04/2025 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONERS UNDER SECTION 13(4)
OF THE SECURITISATION AND RECONSTRUCTION
OF FINANCIAL ASSETS AND ENFORCEMENT OF
SECURITY INTEREST ACT,2002
Exhibit P5 TRUE COPY OF THE NOTICE DATED 15/04/2025
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONERS UNDER SECTION 13(8) OF THE
SECURITISATION AND RECONSTRUCTION OF
FINANCIAL ASSETS AND ENFORCEMENT OF
SECURITY INTEREST ACT,2002
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
28/04/2025 SUBMITTED BY THE PETITIONERS
TO THE 2ND RESPONDENT
WP(C) NO. 17654 OF 2025 7 2025:KER:43869
Exhibit P7 TRUE COPY OF THE LETTER DATED 30/04/2025
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONERS
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THE HON'BLE
HIGH COURT OF KERALA DATED 02/08/2023
PASSED IN W.P.(C).NO.14389 OF 2023
Exhibit P9 TRUE COPY OF THE JUDGMENT OF THE HON'BLE
HIGH COURT OF KERALA DATED 28/02/2025
PASSED IN W.P.(C).NO. 8196 OF 2025
// TRUE COPY //
P.A. TO JUDGE
