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2025 Supreme(Online)(Ker) 53574

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
SILVY GEORGE – Appellant
Versus
THE MANAGER ARALAM SERVICE CO OPERATIVE BANK – Respondent
WP(C) NO. 37354 OF 2025 | WP(C) NO.17467 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.SHINTO THOMAS, SRI.RAM VINAYAK, SRI.MOHAMED ASLAM V.P., SRI.RAJKIRAN C.M., SMT.SONA VIJAYAN K.
For the Respondents: SRI.M.SASINDRAN, SMT.SILPA N.P

The court emphasizes the necessity for compliance with prior court orders for relief in loan recovery matters.

Headnote:The petitioner seeks relief to stop further actions against her by the third respondent regarding outstanding payments, referring to previous non-compliance with court orders. The court found that the petitioner had not demonstrated bona fides, leading to a dismissal of the writ petition for lack of entitlement to relief. The court notes previous judgments, emphasizing conditions unmet by the petitioner.

Table of Content
1. petitioner's request for relief based on previous orders. (Para 1 , 2)
2. court's finding of non-compliance with conditions. (Para 3 , 4)

JUDGMENT

This writ petition has been filed seeking the following reliefs:

i. “To issue a writ of mandamus or any other appropriate writ, order, or direction, directing Respondent No. 3 to stop taking any further action or proceedings pursuant to Exhibit P4 against the petitioner;

ii. To allow the petitioner to remit the remaining outstanding amount in 30 monthly instalments;”

2. A perusal of the pleadings in the writ petition shows that this is the second writ petition at the instance of the petitioner, and the earlier writ petition filed by the petitioner as W.P(C)No.17467 of 2025 was disposed of by Ext.P2 judgment on 15-07-2025, permitting the petitioner to pay the outstanding amount in twenty instalments. It cannot be disputed that the petitioner has not complied with the directions contained in Ext.P2 judgment in W.P(C)No.17467 of 2025. Notwithstanding the above, this Court on 13-10-2025 passed the following interim order:

“Admit. Government Pleader takes notice for the 3rd respondent. Sri.M.Sasindran takes notice for respondents 1 and 2.

2. There will be an interim stay of the sale proposed to be held on 15.10.2025 on condition that the petitioner continues to pay the remaining instalments as directed by this Court in W.P. (C) No.17467 of 2025 from 18.10.2025 and continues to pay the same.

Post on 22.10.2025.”

3. When this matter is taken up for consideration today, it is the submission of the learned counsel appearing for the respondent bank that the condition imposed in the interim order dated 13-10-2025 has not been complied with by the petitioner.

4. This Court exercises very limited jurisdiction in matters relating to the recovery of loans by banks and financial institutions, and where the petitioner has failed to show bona fides, absolutely no relief can be granted to her.

The facts of the case as noticed above indicate that the petitioner has clearly not shown bona fides. That apart, this is the second writ petition at the instance of the petitioner, and admittedly, the terms and conditions on which the petitioner was permitted to pay the outstanding amount earlier have not been complied with by the petitioner. The above facts indicate that the petitioner is not entitled to any further relief from this Court.

The writ petition fails, and it is accordingly dismissed.

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