Kerala High Court
Somavally Amma vs South Indian Bank Ltd on 16 September, 2025
2025:KER:68913
W.P.(C) No. 18580 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. 18580 OF 2025
PETITIONER:
SOMAVALLY AMMA,
AGED 61 YEARS, W/O MOHANAN PILLAI,
SOMAVALLY BHAVANAM, EDAPPANAYAM,
PARAKKADAVU P.O., SOORANADU NORTH,
KOLLAM DISTRICT, PIN-690561
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENTS:
1 SOUTH INDIAN BANK LTD.,
SIB HOUSE, T.D. ROAD, THRISSUR, PIN-680001
REPRESENTED BY ITS MANAGING DIRECTOR
2 THE AUTHORIZED OFFICER UNDER THE SARFAESI ACT,
SOUTH INDIAN BANK LTD.,
REGIONAL OFFICE, YWCA BUILDING,
3RD FLOOR, M.G.ROAD, SPENCER JUNCTION,
THIRUVANANTHAPURAM, PIN-695001
3 THE BRANCH MANAGER,
SOUTH INDIAN BANK LTD., OACHIRA BRANCH,
KOLLAM DISTRICT, PIN-690546
BY ADVS.
SHRI.SUNIL SHANKER
SMT.VIDYA GANGADHARAN
SHRI.THOMAS GLAISON
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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W.P.(C) No. 18580 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 18580 of 2025
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Dated this the 16th day of September, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
1. Call for the entire records relating to Ext-P1 to P4, P6
to P8 from the respondents;
2. Issue a writ of mandamus or any other writ,
directions or order directing the respondents to grant
installment facility to clear the loan arrears in
installments and regularize the loan on such terms as
fixed by this Hon'ble Court after regularizing the loan;
3. Such other relief that this Honorable court may
deem fit to render justice to the Petitioner.
2. An interim order was passed by this court on 22.05.2025 as
follows:-
"Both sides submit that earlier through Ext.P5
judgment this court had granted instalment facility to
the husband of the petitioner.
2. Learned counsel for the petitioner submits that
thereafter the husband of the petitioner died and
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therefore only an amount of Rs.1,00,000/- was paid in
terms of Ext.P5 judgment. As an interim measure, the
petitioner is directed to remit Rs.6,00,000/- (Rupees
six lakhs only) within a month from today. All
coercive steps to be kept in abeyance for a period of
five weeks.
Post on 27.06.2025."
3. Later, when the case was taken up on 01.08.2025, the
interim order dated 22.08.2025 was extended as follows:-
"The interim order shall stand extended for a
period of one month, subject to the petitioner
remitting an amount of Rs.4 lakhs on or before
25.08.2025. Post on 26.08.2025."
4. It is not disputed before me that the above orders has 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
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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 petitioner in
this case has not shown any bona fides to enable this Court to permit
her to clear the liability in instalments.
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 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
2025:KER:68913
APPENDIX OF WP(C) 18580/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF SECTION 13(4) NOTICE OF THE
2ND RESPONDENT DATED 14.11.2023
Exhibit P2 TRUE COPY OF THE ORDER OF THE CJM COURT,
KOLLAM IN M.C NO.37/2025 DATED 04.01.2025
Exhibit P3 TRUE COPY OF THE NOTICE OF THE ADVOCATE
COMMISSIONER DATED 28.01.2025
Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE OF
THE LATE HUSBAND OF THE PETITIONER ISSUED
FROM TRAVANCORE MEDICAL COLLEGE HOSPITAL,
KOLLAM DATED 11.11.2024
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 07.02.2025 IN W.P (C) NO.5092
OF 2025
Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE
3RD RESPONDENT SHOWING PAYMENT OF
RS.1,00,000/- ON 10.02.2025
Exhibit P7 TRUE COPY OF THE DEATH CERTIFICATE OF THE
LATE HUSBAND OF THE PETITIONER DATED
19.03.2025 ISSUED BY THE REGISTRAR OF
BIRTH AND DEATH OF SOORANAD NORTH GRAMA
PANCHAYAT
Exhibit P8 TRUE COPY OF THE NOTICE OF THE ADVOCATE
COMMISSIONER DATED 02.05.2025 IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT P8
