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2026 Supreme(Online)(Ker) 14030

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SIVAPRASAD CHELLATTAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 41732 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.N.UNNIKRISHNAN, SMT.HARSHA C., SRI.JAYACHANDRAN C.
For the Respondents: SRI.RAMEES P.K. (FOR R6), SMT. SILPA N.P (GP)

The court cannot grant relief if the petitioner fails to demonstrate bona fides regarding compliance in loan recovery cases.

Headnote:The writ petition was filed challenging the recovery proceedings by the 6th respondent bank concerning overdue amounts from a loan availed by the petitioner. The Court observed that the petitioner failed to comply with the interim order conditions, lacking bona fides, thus denying relief under Article 226 of the Constitution. The main issues revolved around compliance and jurisdiction in loan recovery matters, with the Court ruling that the petitioner's non-compliance warranted the dismissal of the writ. Accordingly, the writ petition will stand dismissed.

Table of Content
1. challenge to recovery proceedings (Para 1 , 2)
2. non-compliance with conditions (Para 3)
3. jurisdictional limitations (Para 4)

JUDGMENT

The petitioner has approached this Court challenging the recovery proceedings initiated against the petitioner by the 6th respondent bank for recovery of amounts due under credit facilities availed by the petitioner from the

6th respondent.

2. When this matter came up for admission on

11-11-2025, this Court passed the following interim order:

“Admit.

Government Pleader accepts notice for respondents 1 to 4. Issue notice to the 6th respondent by speed post. Notice to 5th respondent is dispensed with for the time being.

Further coercive steps against the petitioner shall remain suspended for a period of one month subject to condition the petitioner remits a sum of Rs.1,00,000/- towards the loan liability within a period of two weeks from today.

Post on 11.12.2025. “

Thereafter, when this matter came up for consideration on

11-12-2025, this Court passed the following order.

“Learned counsel appearing for the petitioner submits that the petitioner could remit only a sum of Rs.25,000/- (Rupees Twenty five thousand only) and seeks further time to pay the balance amount of Rs.75,000/-, payable in terms of the interim order dated 11.11.2025. It is submitted that, the balance amount will be paid within a period of two weeks from today.

2. Registry reports that the petitioner has not paid process to take out notice to the

6th respondent.

3. Petitioner shall take steps, by 05.00 pm tomorrow (12.12.2025), to serve notice on the 6th respondent.

4. The time for payment of the balance amount of Rs.75,000/- (Rupees Seventy five thousand only) payable by the petitioner, in terms of the interim order dated 11.11.2025, is extended by a period of two weeks from today. If the petitioner pays the balance amount within the time specified above, the interim order will stand extended by a period of one month.”

Even today, when this matter is taken up for consideration, it is the submission of the learned counsel for the 6th respondent that the petitioner has not complied with the condition of remitting the balance amount of Rs.75,000/- directed to be paid in terms of the order dated

11-12-2025.

3. The learned counsel for the petitioner submits that he has been unable to contact the petitioner.

4. Having heard the learned counsel for the petitioner and the learned counsel for the 6th respondent, I am of the view that the petitioner has not demonstrated bona fides entitling him to any relief in exercise of the discretionary jurisdiction vested in this Court under Article 226 of the Constitution of India, as he has failed to comply with the condition imposed in the interim order, despite the extension of time. This Court exercises very limited jurisdiction in matters of recovery of loans by banks and financial institutions, and where bona fides have not been demonstrated, it is not possible for this Court to grant any further relief to the petitioner. Therefore, I have no option, but to dismiss this writ petition.

Accordingly, the writ petition will stand dismissed.

Sd/-

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