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2025 Supreme(Online)(Ker) 52245

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
ANIL KUMAR M.T – Appellant
Versus
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) – Respondent
WP(C) NO. 38040 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.R.RENJITH, SMT.MANJUSHA K
For the Respondents: SRI.T.P.PRADEEP, SMT.RESMI THOMAS (GP)

Failure to demonstrate bona fides in compliance with court orders precludes relief in writ proceedings regarding financial recovery.

Headnote:This judgment concerns the proceedings initiated by the 3rd Respondent to sell property for recovering dues owed to the 4th Respondent. The petitioner claimed a liability of Rs.22,20,254 and sought relief, but failed to demonstrate bona fides in compliance with interim orders. The court ruled that it has limited jurisdiction in such financial recovery matters and subsequently dismissed the writ petition. The primary legal issue was whether the petitioner’s failure to fulfill conditions imposed under interim orders warranted dismissal of the appeal. The court highlighted that non-compliance without bona fides precludes relief in writ proceedings. The writ petition fails and it is accordingly dismissed.

Table of Content
1. petitioner's challenge to proceedings for recovery. (Para 1)
2. court's observation on financial distress and interim compliance. (Para 2 , 3 , 5)
3. petitioner's inability to pay due amounts. (Para 4)

JUDGMENT

Petitioner has approached this Court challenging the proceedings initiated by the 3rd respondent to sell the property of the petitioner to recover the amounts due to the 4th respondent-Society. The total liability of the petitioner is stated to be Rs.22,20,254/-.

2. When this matter came up for consideration on

27.10.2025, this Court passed the following order:-

‘’Counsel for the 4th respondent seeks time to file vakalathnama and obtain instructions.

2. Having heard the learned counsel for the petitioner and the learned counsel for the respondent bank and taking into consideration the submission of the learned counsel for the petitioner that the total liability is approximately Rs.21 lakhs and also taking into consideration the submission of the learned counsel for the petitioner that the property to be sold is a residential house of the petitioner, there will be an interim order directing that the petitioner shall not be dispossessed and sale if any shall not be confirmed by a period of one month subject to the condition that the petitioner remits a sum of Rs.5,00,000/- towards the loan liability within a period 3 weeks from today.

Post on 18-11-2025.’’

3. When this matter is taken up for consideration today, learned counsel appearing for the respondent bank submits that no amount has been remitted by the petitioner pursuant to the interim order dated 27.10.2025. It is submitted that, the 4th respondent bank is facing severe financial crisis and Fixed Deposits are due for payment. It is submitted that, any further delay in the recovery will cause serious prejudice to the 4th respondent.

4. Learned counsel appearing for the petitioner submits that the petitioner is a cancer survivor and despite best efforts, he could not pay the amount directed to be paid by this Court pursuant to the order dated 27.10.2025.

5. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, I am of the view that the petitioner has not demonstrated any bona fides. This Court exercises very limited jurisdiction in matters like this where action taken by the banks and financial institutions to recover amounts due to them are being challenged. When there is failure to demonstrate bona fides, this Court cannot grant any relief in the writ petition.

Writ petition fails and it is accordingly dismissed.

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