Sri. Mathew A J vs The Kerala State Co-Operative Bank Ltd
2025 Latest Caselaw 8386 Ker

Kerala High Court

Sri. Mathew A J vs The Kerala State Co-Operative Bank Ltd on 1 September, 2025

WP(C) NO. 32901 OF 2025               1               2025:KER:66198


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

     MONDAY, THE 1ST DAY OF SEPTEMBER 2025 / 10TH BHADRA, 1947

                        WP(C) NO. 32901 OF 2025

PETITIONERS:

    1     SRI. MATHEW A J
          AGED 73 YEARS
          S/O. ANTONY OUSEPPARAMBIL HOUSE ULLANADU P O PALA,
          KOTTAYAM, PIN - 686651

    2     ELSAMMA MATHEW
          AGED 72 YEARS
          W/O. MATHEW OUSEPPARAMBIL HOUSE ULLANADU P O PALA,
          KOTTAYAM, PIN - 686651


          BY ADVS.
          SMT.BINDUMOL JOSEPH
          SMT.C.P.GOPIKA
          SMT.GREESHMA K.




RESPONDENTS:

    1     THE KERALA STATE CO-OPERATIVE BANK LTD
          KOTTAYAM REGIONAL OFFICE REPRESENTED BY ITS AUTHORISED
          OFFICER CENTRAL JUNCTION, KOTTAYAM, PIN - 686001

    2     AUTHORIZED OFFICER
          KERALA STATE CO-OPERATIVE BANK LTD KOTTAYAM REGIONAL
          OFFICE CENTRAL JUNCTION, KOTTAYAM, PIN - 686001

    3     BRANCH MANAGER
          KERALA STATE CO-OPERATIVE BANK LTD PALA MAIN BRANCH
 WP(C) NO. 32901 OF 2025             2               2025:KER:66198


          PALA, KOTTAYAM, KERALA,, PIN - 686575



OTHER PRESENT:

          SRI.GOUTHAM E., SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32901 OF 2025                           3                      2025:KER:66198


                                         JUDGMENT

This Writ Petition is directed against the

proceedings initiated against the petitioners under the

Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 (for

short, the SARFAESI Act).

2. The petitioners had earlier moved this Court

and obtained Ext.P2 order in respect of the same

subject. In Ext.P2, this Court has issued the following

directions:-

"5. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire

amount of Rs.20,82,178/- along with interest, bank

charges and costs from the petitioners in the following

manner:

(i) The outstanding amount of Rs.20,82,178/- together

with any accrued interest, bank charges and costs shall

be repaid in fifteen (15) equated monthly instalments;

(ii) The first instalment shall be paid on or before

30.04.2025 and subsequent instalments shall be paid on WP(C) NO. 32901 OF 2025 4 2025:KER:66198

or before the last working day of each succeeding

month;

(iii) In the event of default of any one instalment,

the respondent bank shall be entitled to proceed in

accordance with the law;

(iv) In order to enable the petitioners to repay the

entire amounts, all coercive proceedings shall be kept

in abeyance."

3. The petitioners conceded that they did not

comply with the above directions.

4. Instead of moving a petition for modifying

the above order, the petitioners filed a fresh Writ

Petition seeking the very same relief, which is

impermissible.

Leaving open the said remedy, the Writ Petition

is closed.

Sd/-

P. KRISHNA KUMAR JUDGE ska WP(C) NO. 32901 OF 2025 5 2025:KER:66198

APPENDIX OF WP(C) 32901/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TREATMENT SUMMARY-

DEPARTMENT OF RADIATION ONCOLOGY ISSUED BY THE RAJAGIRI HOSPITAL Exhibit P2 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.9468/2025 DATED 04.04.2025 Exhibit P3 A TRUE COPY OF THE SALE NOTICE DATED 02.08.2025 ISSUED BY THE RESPONDENTS Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 23.08.2025 SUBMITTED BY THE M1ST PETITIONER