Kerala High Court
K P Stores,Prop Safiya Nazar vs The Urban Co-Operative Bank on 16 September, 2025
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WP(C) No. 31248 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 16TH DAY OF SEPTEMBER 2025 / 25TH BHADRA, 1947
WP(C) NO. 31248 OF 2025
PETITIONERS:
1 K.P. STORES,
PROP SAFIYA NAZAR,
AGED 58 W/O. ABDUL NAZAR,
KANJIRAM POKKIL HOUSE,
MANDAPARAMBA , MALAPPURAM,
KERALA, PIN-676509
2 SAFIYA NAZAR,
AGED 58 YEARS, W/O. ABDUL NAZAR,
KANJIRAM POKKIL HOUSE,
MANDAPARAMBA, MALAPPURAM,
KERALA, PIN-676509
BY ADVS.
SHRI.APPU AJITH
SHRI.K.T.SIDHIQ
RESPONDENTS:
1 THE URBAN CO-OPERATIVE BANK,
REPRESENTED BY ITS BRANCH MANAGER,
PERINTHALMANNA MAIN BRANCH,
PATTAMBI ROAD SHANTI NAGAR,
PERINTHALMANNA, MALAPPURAM,
PIN-679322
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WP(C) No. 31248 of 2025
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2 AUTHORISED OFFICER,
THE URBAN CO-OPERATIVE BANK,
PERINTHALMANNA MAIN BRANCH,
PATTAMBI ROAD, SHANTI NAGAR,
PERINTHALMANNA, MALAPPURAM, PIN-679322
BY ADVS.
SMT.JAYASREE K.P., STANDING COUNSEL
SHRI.JOHN JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 31248 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 31248 of 2025
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Dated this the 16th day of September, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
a. To issue a writ of mandamus or any other
appropriate Writ, order or direction, commanding the
1st and 2nd Respondents to provide all facilities
including granting of reasonable time to the
Petitioners, liquidate the outstanding arrears/dues in
Acres & 1.5 Cents of property owned by the 2nd
petitioner in survey no. 52/9B in Elamkulam Village,
Perinthalmanna Taluk, Malappuaram in a phased
manner and to stay further recovery proceedings as
per Exhibit P1 in the interest of justice against the
Petitioner and to further direct them to regularize it.
b. To Issue a writ of Mandamus or any other
appropriate writ, order, or direction commanding the
respondents to permit the regularization of the loan
account Loan Account No. CC 14091 by hypothecated 5
Acres & 1.5 Cents of property owned by the 2 nd
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petitioner in survey no. 52/9B in Elamkulam Village,
Perinthalmanna Taluk, Malappuaram, allowing
petitioners to discharge the defaulted amounts in
installments and to pay the balance amounts as
originally scheduled in the Loan Account No. CC 14091
maintained with the 1st respondent and in the interest
of justice; and
c. To Pass such other orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of
the case.
2. An interim order was passed by this court on 25.08.2025
as follows:-
Notice before admission. Smt.Jayasree K.P takes notice for
the respondents and seeks time to file a statement. 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.20 lakhs (Rupees twenty lakhs
only) at 11.00 A.M on 28.08.2025. 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
16.09.2025.
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3. It is not disputed before me that the above order has not
been complied with by the petitioner.
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 petitioners in this case have not shown any bona fides to
enable this Court to permit them 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 petitioners 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) 31248/2025
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE FROM THE
SECOND RESPONDENT DATED 07/08/2025
