Kerala High Court
R. Pranesh vs State Bank Of India on 23 September, 2025
2025:KER:70887
WP(C) NO.28659 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 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
WP(C) NO. 28659 OF 2025
PETITIONER/S:
R. PRANESH,
AGED 47 YEARS
S/O RAJENDRAN, CHOORAPALLAM, PANAYUR POST,
ATHIOODE, POLPALLY, PALAKKAD DIST., PIN - 678552
BY ADVS.
SRI.SHIRAZ ABDULLA M.S.
SRI.P.R.HARIKUMAR
SHRI.K.ABDUL NASSAR
SHRI.VISHNU DEV C.S.
RESPONDENT/S:
1 STATE BANK OF INDIA,
REP. BY MANAGING DIRECTOR, BANDRA KURLA COMPLEX,
BANDRA EAST,MUMBAI, PIN - 400051
2 AUTHORIZED OFFICER,
STATE BANK OF INDIA,RETAIL ASSET CREDIT, RACC
62475,POLLACHI, PIN - 642001
3 STATE BANK OF INDIA,
REP. BY BRANCH MANAGER,ANAMALAI BRANCH, NO. 12
SETHUMADAI ROAD,ANAMALAI, COIMBATORE, PIN - 642104
SRI.JITHESH MENON-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The writ petition is filed with the following prayers;
"i. issue a writ of certiorari or other appropriate writ,
order or direction to quash all coercive actions
initiated by the respondents, as against the petitioner
and his property pertaining to home loan account No.
38347152914 and top up loan account No. 38397676892
maintained with the 3rd respondent.
ii. issue a writ of mandamus or any other appropriate
writ, order or direction, directing the respondents to
consider the request to regularize the loan accounts
of the petitioner, by considering Ext. P10
representation in its proper perspective.
iii. issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to allow the petitioner to repay the loan
amount by accepting the overdue amount in monthly
installments by avoiding any penal or other interest
or charges. and
iv. grant such other or any further relief as this
Hon'ble Court deem fit in the peculiar facts and
circumstance of the case, including cost of these
proceedings."
2. An interim order was granted on 04.08.2025, directing the
petitioner to pay an amount of Rs.100,00,000/- (Rupees one crore only). It
was not complied with in full.
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WP(C) NO.28659 OF 2025
3. Again the petitioner was granted an extension in IA No.01 of
2025 on 27.08.2025, making it clear that three weeks' time is granted as a
last chance and that no further time will be granted.
4. Today when the matter is taken up, both sides submits that the
said amount has not been paid. However, the petitioner would submit that
settlement talks were going on. However, fact remains that the interim
order passed by this Court on 27.08.2025 granting extension of time was
also not been complied with.
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 specific
mechanism for appropriate redressal. When this Court is approached
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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
JJ
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WP(C) NO.28659 OF 2025
APPENDIX OF WP(C) 28659/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER, ISSUED BY THE LAKSHMI
HOSPITAL DTD 21-09-2024
Exhibit P2 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.
5291/2024 DTD 08-04-2024
Exhibit P3 A TRUE COPY OF THE JUDGMENT IN WA NO.
613/2024 DTD 25-04-2024
Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.
16008/2025 DTD 11-04-2025
Exhibit P5 A TRUE COPY OF THE ORDER OF DRT - 1,
ERNAKULAM IN IA NO. 1895/2025 IN SA NO.
Exhibit P6 A TRUE COPY OF THE JUDGMENT IN OP(DRT)
NO. 172/2025 DTD 13-06-2025
Exhibit P7 A TRUE COPY OF THE ORDER IN IA NO.
808/2025(WAIVER) IN AIR(SA) NO. 1214/2025
DTD 11-07-2025
Exhibit P8 A TRUE COPY OF THE STATEMENT OF ACCOUNTS
FROM 01-04-2019 TO 22-05-2025
Exhibit P9 A TRUE COPY OF THE STATEMENT OF ACCOUNT
FROM 01-04-2019 TO 22-05-2025 OF THE
PETITIONER'S LOAN ACCOUNT NO. 38397676892
Exhibit P10 A TRUE COPY OF THE REPRESENTATION DTD 29-
07-2025 SENT BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P11 A TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT
RECEIPT DTD 30-07-2025
Exhibit P12 A TRUE COPY OF THE E-RECEIPT DTD 26-08-
2025 ISSUED BY THE 3RD RESPONDENT FOR AN
AMOUNT OF RS.15,00,000/-
Exhibit P 12(a) A TRUE COPY OF THE E-RECEIPT DTD 26-08-
2025 ISSUED BY THE 3RD RESPONDENT FOR AN
AMOUNT OF RS.15,00,000/-
Exhibit P 12(b) A TRUE COPY OF THE E-RECEIPT DTD 26-08-
2025 ISSUED BY THE 3RD RESPONDENT FOR AN
AMOUNT OF RS.10,00,000/-
Exhibit P12(c) TRUE COPY OF THE E-RECEIPT DTD 26-08-2025
ISSUED BY THE 3RD RESPONDENT FOR AN
AMOUNT OF RS.10,00,000/-
