Kerala High Court
Anil Manuel vs South Indian Bank on 28 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:55567
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
WP(C) NO. 21859 OF 2025
PETITIONER:
ANIL MANUEL
AGED 49 YEARS
S/O. MANUEL, ANADASSERY HOUSE, MUNDAMVELI.P.O.,
KOCHI, ERNAKULAM DISTRICT, PIN - 682057
BY ADVS.
SRI.PRINSUN PHILIP
SMT.SUMITHA UNNIKRISHNAN K.P.
RESPONDENTS:
1 SOUTH INDIAN BANK
REGIONAL OFFICE, RAJAGIRI VALLY.P.O,
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682039
REPRESENTED BY ITS AUTHORISED OFFICER
2 BRANCH MANAGER
SOUTH INDIAN BANK, MATTANCHERY BRANCH, SANTOM
GOPALAN ROAD, KOOVAPPADAM, KOCHI, PIN - 682002
BY ADV SRI.P.A.AUGUSTINE(AREEKATTEL)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:55567
WP(C) No.21859 of 2025
2
JUDGMENT
Dated this the 28th day of July, 2025 The writ petition has been filed by the petitioner seeking the following reliefs:-
"i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the auction sale notice (Ext.P7) issued by the respondent-Bank;
ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent-Bank not to proceed with the auction of the petitioner's pledged gold ornaments pursuant to Ext.P7;
iii. Declare that the petitioner's personal gold loan facility is independent of the loan account of Paragon Seafood Industries Private Limited and that no lien or adjustment of proceeds can be made between the two accounts;
iv. To call records leading to Ext.P7 Auction sale notice."
2. When the writ petition came up for admission on 13.06.2025, this Court passed an interim order to the following effect:-
2025:KER:55567 WP(C) No.21859 of 2025 3 "There will be an interim order directing that if the petitioner remits 50% of the outstanding amount in the gold loan account within two weeks, auction pursuant to Ext.P7 shall stand deferred for a period of one month."
The petitioner has not remitted the said amount as directed by this Court.
3. Though the writ petition was subsequently posted on 30.06.2025, 07.07.2025 and 28.07.2025, it is submitted that the petitioner has not remitted any amount so far.
In the circumstances, the writ petition is without any bona fide. The writ petition is therefore dismissed.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:55567 WP(C) No.21859 of 2025 4 APPENDIX OF WP(C) 21859/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE S.A. NO. 977/2024 BEFORE THE HON,BLE DEBTS RECOVERY TRIBUNAL, ERNAKULAM Exhibit P2 A TRUE COPY OF THE NOTICE DATED 11.04.2025 ISSUED BY THE SECOND RESPONDENT Exhibit P3 A TRUE COPY OF THE REQUEST DATED 03.05.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE REPLY LETTER DATED 16.05.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE RECALL NOTICE DATED 16.05.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE REQUEST DATED 27.05.2025 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT Exhibit P7 A TRUE COPY OF THE AUCTION SALE NOTICE (UNDATED) ISSUED BY THE SECOND RESPONDENT