Kerala High Court
Shalima M vs The Federal Bank Ltd on 25 June, 2025
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WP(C) NO.17653 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF JUNE 2025 / 4TH ASHADHA, 1947
WP(C) NO. 17653 OF 2025
PETITIONER/S:
SHALIMA M
AGED 32 YEARS
W/O NAZEEM MUHAMMED KANNU, VETTUVILAKKATHU,
VAZHIMUKKU, BALARAMAPURAM P.O, THIRUVANANTHAPURAM
DISTRICT., PIN - 695501
BY ADVS.
SRI.E.A.BIJUMON
SHRI.SREEHARI V.
RESPONDENT/S:
1 THE FEDERAL BANK LTD
REPRESENTED BY ITS AUTHORIZED OFFICER, LOAN
COLLECTION RECOVERY DEPARTMENT, THIRUVANANTHAPURAM
DIVISION, 4TH FLOOR, FEDERAL TOWERS, STATUE,
THIRUVANANTHAPURAM., PIN - 695001
2 NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI)
REPRESENTED BY ITS PROJECT DIRECTOR, KERALA REGIONAL,
KERALA REGIONAL OFFICE, TC 36/574 - 1,KRISHNA KRIPA,
PALKULANGARA JUNCTION,
PALKULANGARA,THIRUVANANTHAPURAM., PIN - 695008
3 SPECIAL TAHASILDAR
LA (NH) NO.II NEYYATINKARA TALUK OFFICE,
NEYYATINKARA,TRIVANDRUM., PIN - 695121
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4 SPECIAL DEPUTY COLLECTOR
(LA) NH OFFICE, CIVIL STATION, KUDAPPANAKUNNU,
TRIVANDRUM, PIN - 695043
BY ADV SRI.K.P.SUJESH KUMAR
SRI. POULOCHAN ANTONY, SC.
SRI. SREEJITH V.S., GP. SRI.
B.G. BIDAN CHANDRAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MOHAMMED NIAS C. P. , J.
.................................................
W. P. (C) No.17653 OF 2025
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Dated this the 25th day of June, 2025
JUDGMENT
The writ petition is filed with the following prayers.
"i) issue a writ of mandamus or any other appropriate writ, direction or
order to the 1st respondent to close the SARFESI Proceedings upon the
scheduled property which has undergone acquisition by the 2 nd
Respondent.
(ii) issue a writ of mandamus or any other appropriate writ, direction or
order directing the 1st respondent to proceed as per law and give proper
opportunity to settle the liability through the compensation awarded
through acquisition process.
(iii) Issue a writ of mandamus or any other appropriate writ, direction or
order directing the 2nd respondent to release compensation amount and
pay to the 1st respondent, and release the balance amount to the petitioner
without any delay.
(iv) Issue a writ of mandamus or any other appropriate writ, direction or
order directing the 1st respondent to consider the One time settlement
proposal submitted for getting maximum relaxation of interest and other
charges so as to settle the liability with the compensation amount.
v) any other appropriate writ, order or direction as the Hon'ble Court may
please to grant in the circumstances of the case. "
2. An interim order was passed by this court on 09.05.2025
staying the dispossession of the petitioner on condition that the
petitioner remits an amount of Rs.5,00,000/- (Rupees five lakhs only)
within three weeks, which reads as follows;
"Sri.P. Paulochan Antony, the learned counsel, takes notice for the 1st
respondent. The learned Standing Counsel takes notice for the 2nd
respondent. The learned Government Pleader takes notice for respondents
3 and 4.
2. There will be an interim stay of dispossession of the petitioner, if not
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WP(C) NO.17653 OF 2025
already dispossessed pursuant to Exts.P1 and P2, on the petitioner
remitting an amount of Rs.5,00,000/- (Rupees five lakhs only) within three
weeks from today.
Post on 13.06.2025."
3. Admittedly the interim order has not been complied with.
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
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.
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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 approach the Debts Recovery Tribunal under
Section 17 of the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act (for short, 'the SARFAESI Act').
All the contentions of the petitioner are left open. To enable the
petitioner to avail of the alternate remedy, all further proceedings
against the petitioner will be deferred for a period of two weeks.
The writ petition is dismissed as above.
SD/-
MOHAMMED NIAS C.P.
JUDGE
JJ
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APPENDIX OF WP(C) 17653/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED
05/06/2024.
Exhibit P2 TRUE COPY OF THE ADVOCATE COMMISSION
NOTICE DATED 19/04/2025.
Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 3RD
RESPONDENT, DATED 25/04/2025
Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE 4TH
RESPONDENT DATED 25/04/2025.
