Kerala High Court
M/S. Gk Granites vs The South Indian Bank Ltd on 16 September, 2025
2025:KER:68840
W.P.(C) No. 27271 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. 27271 OF 2025
PETITIONERS:
1 M/S. GK GRANITES,
REPRESENTED BY ITS MANAGING PARTNER,
MR.GEORGE ANTONY,
AGED 71 YEARS,S/O.ANTONY, KUREEKKAL,
KIZHAKKAMBALAM P.O., KIZHAKKAMBALAM,
ERNAKULAM, PIN-683562
2 MRS. ANNIE GEORGE,
AGED 68 YEARS, W/O. GEORGE ANTONY,
KUREEKKAL, KIZHAKKAMBALAM P.O.,
KIZHAKKAMBALAM, ERNAKULAM, PIN-683562
3 DHANYA GEORGE,
AGED 34 YEARS, D/O. GEORGE ANTONY,
KUREEKKAL, KIZHAKKAMBALAM P.O.,
KIZHAKKAMBALAM, ERNAKULAM, PIN-683562
4 GEORGE ANTONY,
AGED 71 YEARS, S/O. LATE ANTONY,
KUREEKKAL, KIZHAKKAMBALAM P.O.,
KIZHAKKAMBALAM,ERNAKULAM, PIN-683562
5 STENIN GEORGE,
AGED 40 YEARS, S/O. GEORGE ANTONY,
KUREEKKAL, KIZHAKKAMBALAM P.O.,
KIZHAKKAMBALAM,ERNAKULAM, PIN-683562
6 STEPHEN GEORGE,
AGED 48 YEARS, S/O.GEORGE ANTONY,
KUREEKKAL, KIZHAKKAMBALAM P.O.,
KIZHAKKAMBALAM, ERNAKULAM, PIN-683562
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W.P.(C) No. 27271 of 2025
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BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
SMT.ATHIRA K.S.
SHRI.ATHUL RAJ AUGUSTINE
RESPONDENTS:
1 THE SOUTH INDIAN BANK LTD.,
REGIONAL OFFICE, CHRIST NAGAR,
AKP JUNCTION, IRINJALAKUDA, THRISSUR,
REPRESENTED BY ITS CHIEF MANAGER AND
AUTHORIZED OFFICER, PIN-680125
2 THE CHIEF MANAGER AND AUTHORIZED OFFICER,
SOUTH INDIAN BANK LTD.,REGIONAL OFFICE,
CHRIST NAGAR, AKP JUNCTION, IRINJALAKUDA,
THRISSUR, PIN-680125
3 THE BRANCH MANAGER,
SOUTH INDIAN BANK LTD.,
ANGAMALY NORTH BRANCH, ANGAMALY,
ERNAKULAM, PIN-683572
ADV..P.A.AUGUSTINE (AREEKATTEL), STANDING COUNSEL
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. 27271 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 27271 of 2025
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Dated this the 16th day of September, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
(i) To issue writ of mandamus directing the
respondents No.1 to 3 to provide 15 monthly
instalments to pay the outstanding loan liability of
Rs.18,17,65,411.73, as on 29.06.2025 to the petitioners
and thus settle the entire financial liability burdened
on them.
(ii) To issue any other writ or direction appropriate in
the circumstances of this case.
2. An interim order was passed by this court on 29.07.2025
as follows:-
Notice before admission. The learned Standing Counsel
takes notice for the respondents. 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
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remit an amount of Rs.2.5 crores on or before 13.08.2025
and the balance 2.5 crores on or before 31.08.2025. 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.
3. It is not disputed before me that the above order has not
been complied with by the petitioners.
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
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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.
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
2025:KER:68840
APPENDIX OF WP(C) 27271/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 02.08.2024
ISSUED BY THE 1 ST RESPONDENT TO THE
PETITIONERS U/S.13(2) OF SARFAESI ACT
Exhibit P2 TRUE COPY OF THE NOTICE DATED 06.12.2024
ISSUED BY THE 2 ND RESPONDENT TO THE
PETITIONERS
Exhibit P3 THE TRUE COPY OF THE STATEMENT OF ACCOUNT
OF THE 1 ST PETITIONER WITH THE 1 ST
RESPONDENT BANK SHOWING THE PAYMENT OF
RS.3,01,00,000/- BY THE PETITIONERS
Exhibit P4 THE TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER DATED 24.03.2025 TO THE
RESPONDENTS PRAYING TO HAVE BENEFIT OF ONE
TIME SETTLEMENT OF THE OUTSTANDING LOAN
LIABILITY
Exhibit P5 THE TRUE COPY OF THE LETTER DATED
02.06.2025 SEND BY THE PETITIONERS TO THE
RESPONDENTS
Exhibit P6 THE TRUE COPY OF THE LETTER SENT BY THE 1
ST PETITIONER TO THE 3 RD RESPONDENT DATED
25.06.2025
Exhibit P7 THE TRUE COPY OF THE REPLY SENT BY THE
RESPONDENTS DATED 30.06.2025
Exhibit P8 THE COPY OF THE E-AUCTION SALE NOTICE
ISSUED BY THE RESPONDENTS DATED 30.06.2025
Exhibit P9 THE COPY OF THE VALUATION REPORT PREPARED
BY KJ AND ASSOCIATES, CHARTERED ENGINEERS
AND GOVERNMENT REGISTERED VALUERS WITH
RESPECT TO THE PROPERTY PROPOSED TO BE
SOLD IN E-AUCTION VIDE EXHIBIT P8 NOTICE
OF THE RESPONDENTS, DATED 11.04.2025
