Petitioner’s non-compliance with interim order leads to dismissal of writ petition, while preserving rights for statutory remedies.

JUDGMENT

(Dated this the 22^nd day of January, 2026)

This writ petition is filed by the petitioner seeking the following prayers:

“I. Issue a writ of mandamus or other appropriate writ or order directing the respondents to allow the petitioner to pay the arrears of loan amounts in 20 equal monthly installments and to keep all further proceedings pursuant Exhibit P2 Advocate commissioner notice dated 09.10.2025 in abeyancetill then;

II. Issue a writ of mandamus or other appropriate writ or order directing the respondents to regularize the loan account of the petitioner on payment of the arrears of loan amount;

III. Dispense with the translation of documents in vernacular language;

IV. Pass such other orders as this Hon'ble Court shall deem just.”

2. An interim order was passed by this Court on 27.10.2025, at the time of issuance of notice before admission, deferring the coercive steps, on condition that the petitioner shall remit an amount of Rs.10,00,000/- within a period of two weeks. It was made clear that if the payment is not remitted, the respondents would be at liberty to proceed further in accordance with law.

3. Today, the learned Standing Counsel for the respondent-Bank submits that the said amount has not been remitted.

Since the petitioner has not complied with the interim order, relying on the decision of the Hon’ble Apex Court inSouth Indian Bank Ltd. (M/s.) v. Naveen Mathew Philip [2023 KHC 6435], this writ petition is dismissed, without prejudice to the petitioner’s right to avail the statutory remedy before the Debts Recovery Tribunal.

Sd/-