Kerala High Court
Vincent Raphael vs Kerala State Co-Operative Bank on 8 September, 2025
2025:KER:66484
WP(C) No. 16420 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
WP(C) NO. 16420 OF 2025
PETITIONER:
VINCENT RAPHAEL,
AGED 53 YEARS, S/O. RAPHAEL,
MOOTHEDAN HOUSE,
AAYATHUPADY, KOOVAPADI P.O., PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN-683542
BY ADV SRI.N.K.MOHANLAL
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK,
PERUMBAVOOR BRANCH, ERNAKULAM DISTRICT
(FORMERLY DISTRICT CO- OPERATIVE BANK),
REPRESENTED BY MANAGER, PIN-683542
2 AUTHORISED OFFICER,
KERALA STATE CO-OPERATIVE BANK,
PERUMBAVOOR BRANCH,
ERNAKULAM DISTRICT, PIN-683542
BY ADV SMT.K.AMMINIKUTTY, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 16420 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 16420 of 2025
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Dated this the 8th day of September, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i. Issue a writ of mandamus or any other appropriate
writ or order directing the 1st respondent to dispose of
Exhibit Pl representation in accordance with law for
one-time settlement of loan amount as requested
therein within a reasonable time as stipulated by this
Hon'ble Court;
ii. Issue a writ of mandamus or any other appropriate
writ or order directing the 2nd respondent to permit the
petitioner to make private sale of a portion of secured
asset for closing entire loan liability within a period of 6
months;
iii. Issue such other appropriate writ or order which is
deemed just and necessary on the facts and
circumstances of the case;
iv. Dispense with the production of English translation
of documents in vernacular language.
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2. An interim order was passed by this court on 10.07.2025 as
follows.
"To consider the prayers sought for in the writ petition
seeking instalment facility and to defer the coercive
steps against the petitioner, as an interim measure,
there will be a direction to the petitioner to remit an
amount of Rs.15,00,000/-(Rupees Fifteen Lakhs only)
within one month. It 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
11.08.2025."
3. Later, when the case was taken up on 11.08.2025, this Court
extended the time for compliance with the interim order in I.A.No.3 of
2025, as follows:-
This is an application seeking extension of time to comply
with the interim order passed by this Court on 10.07.2025
which directed the petitioner to remit an amount of
Rs.15,00,000/- (Rupees fifteen lakhs only).
2. It is submitted that no amount has been paid pursuant
to the said order.
3. Taking note of the reasons stated in the application,
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and after hearing the learned Counsel appearing for both
sides, as a measure of indulgence, time is granted up to
25.08.2025, as a last chance, to comply with the interim order
passed by this Court on 10.07.2025, making it clear that, no
further time will be granted. If the above payment is not
made, the Bank will be at liberty to proceed further in
accordance with law.
The I.A. is disposed of as above.
4. It is not disputed before me that the above orders have not
been complied with by the petitioner.
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
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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
him 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 petitioner 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
bpr
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APPENDIX OF WP(C) 16420/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED
25/11/2024 FOR ONE TIME SETTLEMENT
Exhibit P2 A TRUE COPY OF JUDGMENT DATED 21/11/2024,
IN WP(C) 41213/24OF THE HON'BLE COURT
Exhibit P3 A TRUE COPY OF THE NOTICE DATED
08/04/2025 ISSUED BY ADVOCATE
COMMISSIONER
Exhibit P4 A TRUE COPY OF PROCEEDINGS OF THE HEARING
OF 1ST RESPONDENT DATED 09/06/2025
