Kerala High Court
Shamla Sakeer vs State Bank Of India, Represented By Its ... on 5 March, 2025
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WP(C) NO. 6321 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
WP(C) NO. 6321 OF 2025
PETITIONER/S:
SHAMLA SAKEER,AGED 52 YEARS
W/O. SAKEER ALIYAR, KOCHUVEETTIL HOUSE, PUTHUPPADY,
MUVATTUPUZHA TALUK, ERNAKULAM DIST., PIN - 686673
BY ADVS.
JOHN JOSEPH(ROY)
CIBY GEORGE
RESPONDENT/S:
1 STATE BANK OF INDIA,
REPRESENTED BY ITS CHEIF MANAGER,
STRESSED ASSETS RECOVERY BRANCH-II, 40/947,
1ST FLOOR, R.S. BUILDING, METRO PILLAR NO. 697,
OPP. MAHARAJAS COLLEGE GROUND, M.G. ROAD, ERNAKULUM,
KERALA
PHONE: 0484-2365341, EMAIL:SBI.70683 @SBI.CO.IN, PIN -
682011
2 THE AUTHORISED OFFICER,STATE BANK OF INDIA,
VAZHAKULAM P.B. 1, KAVANA ROAD, MUNATTUPUZHA (VIA),
DIST: ERNAKULAM, ERNAKULAM, KERALA, PIN - 686670
SRI.NAGARAJ NARAYANAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 6321 OF 2025 2
JUDGMENT
This is the fourth round of litigation at the instance of
the petitioner challenging the proceedings initiated against the
petitioner under the provisions of the SARFAESI Act to recover
amounts due under a loan availed by the petitioner from the
respondent bank.
2. W.P.(C) No.15997 of 2023 filed by the petitioner was
disposed of on 29.05.2023, permitting the petitioner to pay off
the then outstanding amount in fifteen monthly instalments.
The petitioner did not comply with the directions issued by this
Court in the judgment in W.P.(C) No.15997 of 2023.
Thereafter, the petitioner again approached this Court by filing
W.P.(C) No.5365 of 2024, which was disposed of on 12.02.2024,
permitting the petitioner to approach the bank for One Time
Settlement provided the petitioner remits a sum of Rs.3 lakhs.
According to the petitioner, the petitioner remitted a sum of
Rs.3 lakhs and filed an application for One Time Settlement,
which was rejected by the bank. Thereafter, the petitioner
approached this Court by filing W.P.(C) No.20595 of 2024,
which was disposed on 18.07.2024 permitting the petitioner to
discharge the total outstanding liability of Rs.76,61,848/- (as
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on that date) in ten equal monthly instalments. According to
the petitioner, certain amounts had been paid after the
judgment of this Court in W.P.(C) No.20595 of 2024.
3. Learned counsel appearing for the petitioner
submits that the petitioner has entered into an agreement for
sale of certain properties and if time is granted till 15.04.2025,
the petitioner will be in a position to clear the entire liability.
4. Learned counsel appearing for the respondent bank
vehemently opposes grant of any relief to the petitioner. It is
submitted that, since this is the fourth round of litigation at the
instance of the petitioner, the bank cannot show any further
indulgence. It is submitted that, the present liability (after
giving credit to all the amounts paid by the petitioner), is
Rs.61,89,234/-. It is submitted that, as can be seen from the
facts recorded above, the proceedings under the SARFAESI Act
were initiated in the year 2023 and till today, the bank has not
been able to take physical possession of the secured assets. It
is submitted that, though certain amounts were paid pursuant
to the directions issued by this Court from time to time, the
petitioner has clearly not complied with the directions issued
by this Court. It is submitted that, this Court, by Exhibit P7
order dated 05.12.2024 had also granted extension of time to
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comply with the directions contained in the judgment in W.P.(C)
No.20595 of 2024. It is submitted that, in such circumstances,
the petitioner is not entitled to any further relief from this
Court . It is also submitted that, in matters arising under the
SARFAESI Act, this Court cannot entertain any writ petition
under Article 226 of the Constitution of India.
5. Having heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the
respondent bank and considering the facts of the case noticed
above, I am of the view that there is considerable merit in the
contention taken by the learned counsel appearing for the
respondent bank that the petitioner is not entitled to any
further indulgence from this Court. It is clear that the
petitioner has time and again been given the opportunity of
settling the liability in instalments, though the petitioner failed
to comply with the earlier directions issued by this Court. This
Court exercises very limited jurisdiction in matters arising
under the SARFAESI Act, going by the law laid down by the
Supreme Court in various decisions, including the decision
of the Supreme Court in South Indian Bank Ltd. v.
Naveen Mathew Philip ; [2023 SCC OnLine 435]. In
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the facts and circumstances noticed above and considering
the fact that this is the fourth round of litigation before this
Court, at the instance of the petitioner, I am afraid that the
petitioner cannot be granted any further relief in a writ
petition under Article 226 of the Constitution of India. The
writ petition fails and it is accordingly dismissed.
However, as a matter of indulgence and considering the
fact that the petitioner is a woman, the petitioner is given
time till 05.00 pm on 10.03.2025 to hand over physical
possession of the secured asset to the Authorized Officer of
the respondent bank.
Sd/-
GOPINATH P.
JUDGE
ajt
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APPENDIX OF WP(C) 6321/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE SAID NOTICE ISSUED BY THE
RESPONDENT BANK DATED 27-02-2023 TO THE
PETITIONER
Exhibit P-8 TRUE COPY OF THE REPRESENTATION DATED 07-02-
2025 SUBMITTED TO THE 1ST RESPONDENT
Exhibit P-2 TRUE COPY OF THE JUDGMENT IN W.P.( C ) NO.
15997 OF 2023 DATED 29-05-2023
Exhibit P-3 TRUE COPY OF THE JUDGMENT DATED 12-02-2024 IN
W.P. ( C ) NO.5365 OF 2024 OF THIS HON'BLE
COURT
Exhibit P-4 TRUE COPY OF THE LETTER DATED 11-03-2024
REJECTING THE OTS PROPOSAL
Exhibit P-5 TRUE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER SMT. ASIN V.S DATED 25-
05-2024
Exhibit P-6 TRUE COPY OF THE JUDGMENT IN W.P. ( C ) NO.
20595 OF 2024 DATED 18-07-2024
Exhibit P-7 TRUE COPY OF THE ORDER IN I.A.NO.3 OF 2024 IN
W.P. ( C ) NO. 20595 OF 2024
