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2026 Supreme(Online)(Ker) 6324

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
ASHARAF P. – Appellant
Versus
REGISTRAR OF CO OPERATIVE SOCIETIES – Respondent
WP(C) NO. 48518 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.VINAYAK G MENON
For the Respondents: SHRI.AKSHAY VENU, SMT. C.S SHEEJA (GP)

A petitioner failing to comply with interim payment orders is denied equitable relief under Article 226.

Headnote:This writ petition challenges recovery proceedings initiated by the 2nd respondent bank under credit facilities availed by the petitioner. The petitioner sought permission to clear overdue amounts in instalments but failed to comply with interim orders relating to payment. The Court found no bona fides and denied relief under Article 226 of the Constitution, leading to the petition's dismissal.

Table of Content
1. challenge to recovery proceedings initiated by a bank. (Para 1)
2. petitioner’s failure to comply with interim payment order. (Para 2 , 3)
3. court’s observation on the lack of bona fides. (Para 4)

JUDGMENT

This writ petition has been filed challenging the recovery proceedings initiated by the 2nd respondent bank to recover amounts due under credit facilities availed by the petitioner from the 2nd respondent bank.

2. When this matter came up for consideration on

26.12.2025, this Court passed the following interim order:-

‘’Government Pleader takes notice for the 1st respondent. Issue urgent notice on admission by speed post to respondents 2 and 3.

In the meanwhile, there will be an interim order staying further proceedings pursuant to Ext.P1 sale notice, on condition that the petitioner shall remit an amount of Rs.10,00,000/- (Rupees Ten Lakhs) within a period of one month.

Post on 23.01.2026.’’

3. Learned counsel appearing for the respondent bank submits that the petitioner has not paid any amount pursuant to the interim order dated 26.12.2025.

4. Having heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent bank, I am of the view that the petitioner is not entitled to any relief in this writ petition. The only relief sought for by the petitioner is for a direction to the respondent bank to permit the petitioner to clear the overdue amount in instalments. Since the petitioner has failed to comply with the condition imposed in the interim order dated 26.12.2025 and also considering the fact that the only relief sought for the petitioner is as above, I am of the view that the petitioner has not demonstrated any bona fides and is therefore, not entitled to any discretionary relief under Article 226 of the Constitution of India. The writ petition fails and it is accordingly dismissed.

Sd/-

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