Kerala High Court
Jayan Narayanan vs Manappuram Home Finance Ltd on 22 January, 2026
WP(C) NO. 40747 OF 2025
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2026:KER:5655
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 22ND DAY OF JANUARY 2026 / 2ND MAGHA, 1947
WP(C) NO. 40747 OF 2025
PETITIONERS:
1 JAYAN NARAYANAN,
AGED 46 YEARS
S/O. NARAYANAN, CHIRAPARAMBIL, MANNUR, PALAKKAD,
PIN - 678642
2 SARITHA C.,
AGED 41 YEARS
W/O. JAYAKRISHNAN C.N., CHIRAPARAMBIL, MANNUR,
PALAKKAD, PIN - 678642
BY ADVS.
SRI.K.V.KRISHNAKUMAR
SMT.A.ANJANA
RESPONDENTS:
1 MANAPPURAM HOME FINANCE LTD.,
HAVING ITS REGISTERED ADDRESS AT 8/596A, PADMAPRABHA
BUILDING, NEAR SREERAMA SWAMY TEMPLE, CHERPU-
THRIPRAYAR, CHAVAKKAD, THRISSUR, REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 680567
2 ENCORE ASSET RECONSTRUCTION COMPANY PVT. LTD.,
HAVING ITS REGISTERED ADDRESS AT CADDIE COMMERCIAL
TOWER, REGUS BUSINESS CENTRE, 5TH FLOOR, AEROCITY
(DIAL), SOUTH WEST DELHI, NEW DELHI, REPRESENTED BY
ITS MANAGING DIRECTOR, PIN - 110007
BY ADVS.
SRI.C.HARIKUMAR
SHRI.ARAVIND GOPAN
SHRI.ARUN KUMAR M.A
SMT.FARAH JYOTHI PRADEEP
SMT.AISWARIYA V.R.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 40747 OF 2025
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2026:KER:5655
JUDGMENT
(Dated this the 22nd day of January, 2026) This writ petition has filed by the petitioner seeking the following prayers:
"(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to grant fifteen monthly instalments to clear overdue amount in the loan facilities and to regularize the Loan Account.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondent to stay all further proceedings under the SARFAESI Act pursuant to Exhibit-P5 Notice, pending disposal of the above Writ Petition (Civil).
(iii) Dispense with the production of English translation of the documents in vernacular language.
(iv) Issue such other writs, orders or direction which this Hon'ble Court may deem fit and proper to issue in the facts and circumstances of the case."
2. An interim order was passed by this Court on 04.11.2025, at the time of issuance of notice before admission, deferring the coercive steps, on condition that the petitioners shall remit an amount of Rs.75,000/- within a period of one month. 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. WP(C) NO. 40747 OF 2025 3 2026:KER:5655 Since the petitioners have not complied with the interim order, relying on the decision of the Hon'ble Apex Court in South Indian Bank Ltd. (M/s.) v. Naveen Mathew Philip [2023 KHC 6435], this writ petition is dismissed, without prejudice to the petitioners' right to avail the statutory remedy before the Debts Recovery Tribunal.
Sd/-
BASANT BALAJI JUDGE GBG WP(C) NO. 40747 OF 2025 4 2026:KER:5655 APPENDIX OF WP(C) NO. 40747 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE WELCOME LETTER DATED 25.04.2023 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE LETTER DATED 15.11.2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE DATED 11.02.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS Exhibit P4 TRUE COPY OF THE NOTICE DATED 25.04.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS Exhibit P5 TRUE COPY OF THE NOTICE DATED 05.07.2025 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED IN M.C. NO.217 OF 2025 BEFORE THE CJM ,PALAKKAD