Kerala High Court
Selvam M S vs The Branch Manager on 6 October, 2025
WP(C) NO. 26907 OF 2025 1
2025:KER:73425
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
WP(C) NO. 26907 OF 2025
PETITIONERS:
1 SELVAM M S.,
AGED 52 YEARS
S/O. MADHAVANPILLAI, RESIDING AT GOKULAM, GSS NRA
27, AMBALAMMUKKU P O, PEROORKKADA,
THIRUVANANTHAPURAM, PIN - 695005
2 MIDHUN MADHAVAN S J.,
AGED 23 YEARS
S/O. SELVAM M S, RESIDING AT GOKULAM, GSS NRA 27,
AMBALAMMUKKU P O, PEROORKKADA,
THIRUVANANTHAPURAM, PIN - 695005
BY ADVS.
SMT.NAMITHA RAJESH
SMT.NITHYA V.D.
RESPONDENTS:
1 THE BRANCH MANAGER,
THE KERALA STATE CO-OPERATIVE BANK LTD(KERALA
BANK), VP 16/184, ARS BUILDINGS, KALUNKU
JN,VITHURA BRANCH, THIRUVANANTHAPURAM DISTRICT,
PIN - 695551
2 THE AUTHORIZED OFFICER/AREA MANAGER,
THE KERALA STATE CO-OPERATIVE BANK LTD
(KERALABANK), REGIONAL OFFICE, P.B.NO.5122,EAST
FORT.P.O, THIRUVANANTHAPURAM, PIN - 695023
BY ADV SHRI.THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 26907 OF 2025 2
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JUDGMENT
The writ petition is filed with the following prayers.
"I. To issue a writ of mandamus or any other appropriate writ
order or direction compelling and commanding the
respondents to permit the petitioner to clear the defaulted
arrears in 20 equal monthly installments and to regularize the
loan account thereafter, extending the full period of
repayment.
II. To issue a writ of mandamus or any other appropriate writ
order or direction compelling and commanding the1st
respondent to consider Exhibit-P2 representation in
accordance with law and to take appropriate actions thereon
towards redressing the grievances of the petitioner.
III. Issue such other Writ, Order or Direction that this
Honorable Court may deem fit and proper in the nature and
circumstances of the case."
2. An interim order was passed by this court on 23.07.2025
as follows.
"Sri.Thomas Abraham takes notice for the respondents and
seeks time to get instructions. For deciding the
maintainability of the writ petition and to consider the
prayers seeking instalment facility and to defer further
coercive steps against the petitioners, as an interim measure,
there will be a direction to the petitioners to remit an amount
of Rs.3,00,000/- (Rupees three lakhs only) within one month. It
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is made clear that if the above payment is not made, the
respondents will be at liberty to proceed further, in
accordance with law. Post on 25.08.2025."
3. This Court again granted time on 19.09.2025 in I.A No.1
of 2025 as follows.
This is an application seeking an extension of time
to comply with the interim order passed by this Court on
23.07.2025.
2. It is submitted that only Rs.10,000/- (Rupees ten
thousand only) has been paid out of Rs.3,00,000/- (Rupees
three lakhs only) to be paid.
3. Taking note of the reasons stated in the
application, and after hearing the learned Counsel appearing
for both sides, as a measure of indulgence, two weeks is
granted as a last chance, making it clear that no further time
will be granted to comply with the interim order passed by
this Court on 23.07.2025.
4. It is made clear that if the above payment is not
made within the extended time granted, the bank will be free
to proceed in accordance with law.
The I.A. is allowed as above.
Post on 06.10.2025."
4. It is not disputed before me that the above orders have
not been complied with by the petitioners.
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5. 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 petitioners in this case have not
shown any bona fides to enable this Court to permit them to clear
the liability in instalments.
6. 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
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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
Anu
2025:KER:73425
APPENDIX OF WP(C) 26907/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPIES OF THE NOTICE ISSUED BY
THE 2ND RESPONDENT, DATED 16.06.2025
Exhibit P2 THE TRUE COPY OF REPRESENTATION DATE
17.07.2025 GIVEN TO 1ST RESPONDENT
