The court held that lack of bona fides in demonstrating eligibility for relief prevents further claims under Article 226.

J U D G M E N T

Petitioner was a guarantor in respect of the credit facilities availed by her brother from the respondent bank. It is the case of the petitioner that the property of the petitioner was mortgaged to secure repayment of the loan. It is further stated that the brother of the petitioner died on 28.05.2019, which resulted in the loan going into default and proceedings being initiated to recover the amounts due.

2. The learned counsel appearing for the respondent bank submits that the petitioner is the only legal heir of her brother. It is submitted that the property of the petitioner was mortgaged to secure repayment of the loan. It is further submitted that the petitioner has failed to comply with the conditions imposed by this Court in the order dated 09.10.2025 and is, therefore, not entitled to any further order permitting her to clear the liability in installments. It is submitted that, as on 13.01.2026, the overdue amount is Rs.15,38,461/- (Rupees Fifteen lakh Thirty Eight Thousand Four Hundred and Sixty One only) and the outstanding amount is Rs.18,23,461/- (Rupees Eighteen lakh Twenty Three Thousand Four Hundred and Sixty One only).

3. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank, I am of the opinion that the petitioner has not demonstrated bona fides entitling her to any further relief in exercise of the discretionary jurisdiction vested in this Court under Article 226 of the Constitution of India . Accordingly, the writ petition fails and is dismissed.

Sd/-