South Indian Bank Limited vs Propello Innovations Private Limited & … on 7 August, 2026

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    Calcutta High Court (Appellete Side)

    South Indian Bank Limited vs Propello Innovations Private Limited & … on 7 August, 2026

    Author: Ravi Krishan Kapur

    Bench: Ravi Krishan Kapur

                                                                          2026:CHC-AS:1213-DB
    
    
                     IN THE HIGH COURT AT CALCUTTA
                             Civil Appellate Jurisdiction
                                   (Appellate Side)
    
    
    BEFORE:
    
    The Hon'ble Justice Ravi Krishan Kapur
                   And
    The Hon'ble Justice Chaitali Chatterjee (Das)
    
    
                                  MAT 743 of 2026
                                 IA No.CAN/2/2026
    
                             South Indian Bank Limited
                                         Vs.
                     Propello Innovations Private Limited & Ors.
                                         In
                                WPA 25431 of 2024
                                        With
                                  COT 56 of 2026
                     Propello Innovations Private Limited & Anr.
                                         Vs.
                         South Indian Bank Limited & Anr.
    
    
    
    For the appellant bank        : Mr. Prabal Kumar Mukherjee, Senior Advocate
                                    Mr. Anirban Pramanick, Advocate
    
    
    For the respondent no.1/      : Mr. Deepan Sarkar, Advocate

    writ petitioner/borrower Mr. Shahrukh Raja, Advocate
    Ms. Deepti Priya, Advocate

    For the Reserve Bank of India : Mr. Utpal Bose, Senior Advocate
    Mr. D. K. Kundu, Advocate
    Mr. Arjun Basu, Advocate
    Ms. Aditi Biswas, Advocate

    SPONSORED

    Heard on : 15.07.2026

    Judgment on : 07.08.2026
    2

    2026:CHC-AS:1213-DB
    Ravi Krishan Kapur, J:

    1. This is an appeal against an order dated 26 February 2026 where the

    Learned Single Judge has held that the appellant bank had violated the

    Fair Lending Practice Penal Charges in Loan Accounts Guidelines dated 18

    August 2023 (Guidelines) issued by the Reserve Bank of India (RBI).

    2. The respondent no. 1 is a Micro Small and Medium Enterprise. The

    respondent no.2 is a director of the respondent no.1 company. In or about

    2013, the borrowers had availed of credit facilities from the appellant bank.

    Subsequently, in 2020 the loans were restructured on the pretext of the

    borrowers facing severe financial crisis due to global downturn and

    stoppage of LOUs. The credit facilities sanctioned by the appellant bank

    were further renewed in 2020 on the pretext of Covid-19. In the meantime,

    diverse correspondence ensued between the parties where the borrowers

    had also requested for grant of Emergency Credit Loan Guarantee Scheme

    (ECLGS) by RBI. Later, the borrowers requested for reduction in the rate of

    interest including penal interest. In or about November 2023, the renewal

    sanction order was granted by the appellant bank increasing the rate of

    interest on the accounts maintained by the borrowers. By an e-mail dated

    19 June 2024, the appellant bank notified the borrowers of an impending

    declaration as a Non Performing Asset (NPA). On 28 June 2024, the

    appellant bank requested the borrowers to deposit funds to service their

    accounts in order to keep them outside the ambit of being declared as NPA.

    On 28 and 29 June 2024, the borrowers deposited money in their

    accounts. Thereafter, the accounts of the borrower were debited by the
    3

    2026:CHC-AS:1213-DB
    appellant bank on account of penal interest. On 8 July 2024, the borrowers

    received a communication from the appellant bank inter alia declaring their

    accounts as NPA. In this background, the writ petition was filed assailing

    the debiting of penal interest and additional interest which it is alleged is

    contrary to the Guidelines and consequentially challenging the declaration

    of the accounts of the borrowers as NPA.

    3. On 7 August 2024, the appellant had issued a notice under section 13(2) of

    the Securitisation and Reconstruction of Financial Assets and Enforcement

    of Security Interest Act, 2002 (the Act) which was responded to under

    section 13(3)(A) by the borrower on 8 January 2026 long after expiry of the

    statutory period to respond to such notice. Admittedly, after the filing of the

    present writ petition, the appellant bank has also taken symbolic

    possession under section 13(4) of the Act. The borrower has filed an

    application under section 17 of the Act before the Debts Recovery Tribunal

    (DRT) which is still pending.

    4. The primary grievance of the borrowers is against the classification of their

    accounts as NPA. It is contended that the appellant bank had arbitrarily

    levied and debited penal interest and additional interest on penal charges

    without granting any prior intimation or opportunity to the borrowers

    which is contrary to the Guidelines. It is also contended that despite

    submitting several proposals for restructuring, the appellant bank has

    neglected to consider the same and has proceeded to recover their dues

    and had also issued a recall notice invoking the bank guarantee demanding

    payment of Rs. 9 crores.

    4

    2026:CHC-AS:1213-DB

    5. By the impugned order, the Learned Single Judge after recording the

    submissions of the parties arrived at a finding that the appellant bank had

    violated the Guidelines by realizing amounts from the accounts of the

    borrowers as penal interest in violation of clause 3 (vii) of the Guidelines

    and in effect, stalled the entire recovery proceedings. On the aspect of

    maintainability, it was found that since the challenge in the writ petition

    was against the Guidelines, the writ petition was maintainable.

    6. On behalf of the appellant bank, it is contended that the writ petition was

    not liable to be entertained and should have been dismissed on the ground

    that the borrowers had a statutory alternative remedy under the Act.

    7. On behalf of the borrowers, it is contended that the borrowers were seeking

    enforcement of their statutory obligations and the writ petition was

    maintainable. The violation of the Guidelines which had statutory force and

    had been issued in public interest were binding on the appellant bank. The

    consequential classification of the borrowers as a NPA was arbitrary and

    unlawful and could not have been adjudicated in a proceeding under

    section 17 of the Act. On merits, it is contended that the loan account had

    been active since 2013. Three additional loans were granted in 2020.

    During the interregnum, there was an amount in excess of Rs.10 crores

    which had been paid by the borrowers. The debiting of the borrowers

    amount with penal charges was not in accordance with the Guidelines and

    was liable to be treated as illegal. The debit in lieu of penal interest was the

    actual cause for the shortfall leading to the NPA status. The bank had

    unlawfully and illegally charged a higher rate of interest than the

    sanctioned rate. The bank has also failed to consider the different
    5

    2026:CHC-AS:1213-DB
    settlement proposals which have been submitted by the borrowers. In such

    circumstances, the appeal was liable to be dismissed and the cross-appeal

    filed by the borrowers against the impugned order inasmuch as it did not

    interfere with the classification of the borrowers as NPA be allowed. In

    support of such contentions, reliance was placed on the decisions in Olive

    Tree Retail Private Limited and Another vs. South Indian Bank Limited and

    Another 2023 SCC OnLine Cal 2397, Federal Bank Ltd. v. Sagar Thomas

    (2003) 10 SCC 733 and Central Bank of India v. Ravindra, (2002) 1 SCC

    367.

    8. Loans by financial institutions are granted from public money generated at

    the taxpayer’s expense. Such loans do not become the property of the

    person taking the loan, but retain their character of public money given in

    a fiduciary capacity as entrustment by the public. Timely repayment by the

    borrower ensures liquidity to facilitate loan to another in need by

    circulation of the money and cannot be permitted to be blocked by frivolous

    litigation by those who can afford the luxury of the same. [State Bank of

    Travancore v. Mathew K.C., (2018) 3 SCC 85 at para 15].

    9. The Act is a complete Code in itself. It provides for expeditious recovery of

    dues which have arisen out of loans granted by financial institutions and

    also provides for a remedy of appeal under section 18 before the Appellate

    Tribunal. The DRT is clothed with wide range of powers including the

    power to set aside an illegal order and grant consequential reliefs including

    repossession and payment of compensation and costs.

    10. The power of the High Court to exercise jurisdiction under Article 226 of

    the Constitution is discretionary and equitable. It must be exercised in a
    6

    2026:CHC-AS:1213-DB
    judicious and reasonable manner. The only discretion which the law

    recognizes is discretion in accordance with law. The foundation of a writ

    petition is the infringement of a legal right which necessarily depends on

    unblameworthy conduct of the person seeking relief. (ITC Ltd. v. Blue Coast

    Hotels Ltd., (2018) 15 SCC 99 at para 54).

    11. In United Bank of India v. Satyawati Tondon, (2010) 8 SCC 110 it has been

    held as follows:

    “42. There is another reason why the impugned order should be set aside.
    If Respondent 1 had any tangible grievance against the notice issued
    under Section 13(4) or action taken under Section 14, then she could have
    availed remedy by filing an application under Section 17(1). The
    expression “any person” used in Section 17(1) is of wide import. It takes
    within its fold, not only the borrower but also the guarantor or any other
    person who may be affected by the action taken under Section 13(4) or
    Section 14. Both, the Tribunal and the Appellate Tribunal are empowered
    to pass interim orders under Sections 17 and 18 and are required to
    decide the matters within a fixed time schedule. It is thus evident that the
    remedies available to an aggrieved person under the SARFAESI Act are both
    expeditious and effective.

    43. Unfortunately, the High Court overlooked the settled law that the High
    Court will ordinarily not entertain a petition under Article 226 of the
    Constitution if an effective remedy is available to the aggrieved person and
    that this rule applies with greater rigour in matters involving recovery of
    taxes, cess, fees, other types of public money and the dues of banks and
    other financial institutions. In our view, while dealing with the petitions
    involving challenge to the action taken for recovery of the public dues, etc.
    the High Court must keep in mind that the legislations enacted by
    Parliament and State Legislatures for recovery of such dues are a code
    unto themselves inasmuch as they not only contain comprehensive
    procedure for recovery of the dues but also envisage constitution of quasi-
    judicial bodies for redressal of the grievance of any aggrieved person.
    Therefore, in all such cases, the High Court must insist that before availing
    remedy under Article 226 of the Constitution, a person must exhaust the
    remedies available under the relevant statute.

    44. While expressing the aforesaid view, we are conscious that the powers
    conferred upon the High Court under Article 226 of the Constitution to
    issue to any person or authority, including in appropriate cases, any
    Government, directions, orders or writs including the five prerogative writs
    for the enforcement of any of the rights conferred by Part III or for any
    other purpose are very wide and there is no express limitation on exercise
    of that power but, at the same time, we cannot be oblivious of the rules of
    self-imposed restraint evolved by this Court, which every High Court is
    7

    2026:CHC-AS:1213-DB
    bound to keep in view while exercising power under Article 226 of the
    Constitution.

    45. It is true that the rule of exhaustion of alternative remedy is a rule of
    discretion and not one of compulsion, but it is difficult to fathom any
    reason why the High Court should entertain a petition filed under Article
    226
    of the Constitution and pass interim order ignoring the fact that the
    petitioner can avail effective alternative remedy by filing application,
    appeal, revision, etc. and the particular legislation contains a detailed
    mechanism for redressal of his grievance.

    55. It is a matter of serious concern that despite repeated pronouncement
    of this Court, the High Courts continue to ignore the availability of
    statutory remedies under the DRT Act and the Sarfaesi Act and exercise
    jurisdiction under Article 226 for passing orders which have serious
    adverse impact on the right of banks and other financial institutions to
    recover their dues. We hope and trust that in future the High Courts will
    exercise their discretion in such matters with greater caution, care and
    circumspection.”

    12. There are innumerable decisions which have reiterated and re-emphasized

    the above principle i.e. that if an effective alternative statutory remedy is

    available to a person, the Court should not entertain a petition under

    Article 226 of the Constitution. This Rule is to apply with greater rigour in

    matters involving recovery of dues of banks and other financial institutions

    which deal with public money. Legislation enacted by Parliament for

    recovery of dues are a Code in themselves inasmuch as they contain a

    comprehensive procedure for recovery of the dues including an appellate

    mechanism. Thus, it is best to ensure that a person must exhaust the

    remedies available under the statute before approaching the Writ Court.

    (Mardia Chemicals Ltd. v. Union of India, (2004) 4 SCC 311, Union Bank of

    India v. Panchanan Subudhi, (2010) 15 SCC 552, Kanaiyalal Lalchand

    Sachdev v. State of Maharashtra, (2011) 2 SCC 782, Sri Siddeshwara

    Cooperative Bank Ltd. v. Ikbal, (2013) 10 SCC 83, Agarwal Tracom (P) Ltd. v.

    Punjab National Bank, (2018) 1 SCC 626, State Bank of Travancore v.
    8

    2026:CHC-AS:1213-DB
    Mathew K.C., (2018) 3 SCC 85, South Indian Bank Limited and Ors vs

    Naveen Mathew Philip and Anr. (2023)17 SCC 311, Celir LLP v. Bafna Motors

    (Mumbai) (P) Ltd., (2024) 2 SCC 1) and PHR Invent Educational Society vs.

    UCO Bank (2024) 6 SCC 579.

    13. The indisputable facts of this case would reveal that a notice under section

    13(2) had been issued on 17 August 2024. On 8 January 2026, the

    borrowers had under section 13(3)(A) of the Act belatedly responded to

    such notice. The appellant bank had also initiated action under section 13

    (4) of the Act and symbolic possession of the secured assets was taken. On

    10 January 2026, notices were issued by the appellant bank and a paper

    publication was made. Subsequently, an application under section 17 of

    the Act being SA 522 of 2026 was filed by the borrowers before the DRT

    praying for the following reliefs:-

    a. The Notice dated 07.08.2024 issued by the Defendants to the
    Applicants under Section 13(2) of the SARFAESI Act, 2002, Possession
    Notice dated 08.01.2026 issued by the Defendants under Section 13(4) of
    SARFAESI Act, 2002, Paper Publication dated 10.01.2026 published in The
    Echo of India in English about Possession Notice, Paper Publication if any
    published in Bengali newspaper about Possession Notice and all past and
    future steps and measures that have already been taken or that may be
    taken in future by the Defendant under SARFAESI Act and SARFAESI Rules
    2002 against the Applicants or in respect of the properties of the Applicants
    as described in Schedules A to E hereto be set aside and/or quashed.

    b. An order of injunction be issued restraining the Respondents from
    acting or acting any further pursuant to Notice dated 07.08.2024 issued by
    the Defendants to the Applicants under Section 13(2) of the SARFAESI Act,
    2002, Possession Notice dated 08.01.2026 issued by the Defendants under
    Section 13(4) of SARFAESI Act, 2002, Paper Publication dated 10.01.2026
    published in The Echo of India in English about Possession Notice, Paper
    Publication if any published in Bengali newspaper about Possession Notice
    and all past and future steps and measures that have already been taken
    or that may be taken in future by the Defendants under SARFAESI Act and
    SARFAESI Rules, 2002 against the Applicants or in respect of the properties
    of the Applicants as described in Schedules A to E hereto.

    9

    2026:CHC-AS:1213-DB

    14. The point of maintainability has been addressed by the Learned Single

    Judge as follows:

    “The respondent bank has challenged the maintainability of the present
    writ petition but this Court finds that the petitioners have challenged the
    act of the bank on the allegation of violation of the conditions for Fair
    Lending Practice-Penal Charges in Loan Accounts issued by the Reserve
    Bank of India, thus this Court is of the view that the writ petition is
    maintainable”.

    15. In view of the trigger under sections 13(2), 13(3)(A), 13(4) and 17 of the Act

    having been invoked this was simply not a case which should have been

    entertained by the Writ Court. The borrowers had an alternative,

    efficacious statutory remedy under the Act and had invoked the same. The

    prayers in the application under section 17 of the Act indicate that the

    notices under section 13(2) and 13(4) had been assailed before the DRT.

    Significantly, the violation of the Circulars issued by the RBI was also a

    ground in such application. This aspect of the matter has not been

    addressed in the impugned judgment. The time consumed by the Trial

    Court and now before this Court is nothing but ill designed and all this

    while the borrowers have continued to enjoy the principal and the interest

    on a staggering amount in excess of Rs. 10 crores. The cryptic manner in

    which the point of maintainability of the writ petition has been addressed

    by the Trial Court vitiates the impugned judgment. Courts casually and in

    a cavalier manner entertain such writ petitions which only has a

    deleterious impact on the recovery process. (South Indian Bank Ltd. v.

    Naveen Mathew Philip, (2023) 17 SCC 311).

    16. It is true that an alternative remedy by itself does not divest the High Court

    of its power under Article 226 of the Constitution in an appropriate case,
    10

    2026:CHC-AS:1213-DB
    though, ordinarily a writ petition should not be entertained when an

    efficacious alternate remedy is provided by law. The matter should have

    rested here. However, for the sake of completeness, the points addressed by

    the borrower are also dealt with.

    17. During the course of hearing of this appeal, upon a query being raised by

    this Bench as to whether the 2023 Guidelines were valid and subsisting, all

    the parties feigned ignorance. It was only after three adjournments that the

    RBI produced the 2025 Directions whereby the Guidelines and in

    particular the Guideline dated 18 August 2023 had been categorically

    withdrawn as on 28 November 2025 and has been absorbed in the RBI

    Commercial Bank/Responsible Business Conduct Directions 2025

    (Directions). By virtue of such Directions, the RBI had withdrawn with

    immediate effect 9445 Circulars being Circulars or Instructions which have

    now been consolidated in the new Directions, making the 2023 Guidelines

    which is the subject matter of the writ petition and the bedrock of the

    impugned judgment obsolete and redundant.

    18. This vital and material fact had not been brought to the attention of the

    Learned Single Judge nor was the same incorporated in the pleadings by

    either of the parties including the appellant bank or the RBI. It is true that

    the repeal and savings clause in the Directions (Rule 462) provides for the

    Directions to be in addition to and not in derogation of any other law or

    regulations for the time being (Rule 464). Nevertheless, there has been no

    consideration of this aspect of the matter in the impugned judgment. This

    is a glaring infirmity in the impugned judgment and makes the same

    unsustainable. In this background, the entire premise of the writ petition
    11

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    and the resultant impugned judgment is fundamentally flawed and

    erroneous.

    19. The contention of the borrower that they have repaid at least Rs. 9.2 crores

    out of Rs. 10.12 crores and this fact per se demonstrates good conduct of

    the borrower is also misleading since the same does not account for the

    interest component enjoyed for more than three decades by the borrower.

    Interest is the lifeline of any business. As remarked “The principal is the

    root. The interest the fruit. And the fruit is always the sweetest part”.

    20. The question of the appellant not being amenable to Article 12 of the

    Constitution of India has also not been addressed by the Trial Court. It is

    true that a writ petition may be maintainable against a private authority for

    enforcement of its statutory obligations of public nature (Anandi Mukta

    Sadguru Shree Mukta Jeevandas Vandas Swami Suvarna Jayanti Mahotsav

    Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691 at paragraph 15-22 and

    Federal Bank Ltd. v. Sagar Thomas, (2003) 10 SCC 733 at paragraph 33).

    However, there is a factual dispute as to whether this point had at all been

    argued before the Learned Single Judge. The contention that the appellant

    bank was a private bank and that it was not amenable to Article 12 of the

    Constitution was disputed by the borrowers. In any event, this is an aspect

    which requires both pleadings and particulars and cannot be undertaken

    at this stage. Similarly, the question of whether the appellant bank had or

    had not charged a higher rate of interest cannot be gone into in a

    proceeding of this nature and is more suitably decided in an application

    section 17 of the Act.

    12

    2026:CHC-AS:1213-DB

    21. Delay has a deleterious effect in such matters. The writ petition was filed

    on 1 October 2024 and the borrower had for a considerable period of time

    been enjoying interim reliefs. All this while the recovery proceedings have

    been substantially impeded. Such litigation unnecessarily burdens our

    overflowing dockets and is primarily initiated with the sinister purpose of

    procrastinating the recovery process. The larger question which arises for

    consideration is whether by interference in such matters, the Courts

    actually end up resolving disputes or only exacerbate the recovery process

    by creating further complications.

    22. The contention of the borrowers that the appellant bank had failed to

    consider the different proposals submitted by the borrowers is equally

    misconceived. On the contrary, the facts reveal than an OTS proposal

    submitted by the borrower had been accepted by the appellant bank on 30

    August 2025. However, the borrowers had defaulted which resulted in

    withdrawal of the same. “Approaching the Court for consideration of an

    offer by a borrower has not only been frowned upon by the Hon’ble

    Supreme Court but does not give the borrower any enforceable legal right

    to approach the Writ Court.” (South Indian Bank vs. Rabin Mathew Philip,

    (2023) 7 SCC 311 at paragraph 15). The repeated attempts of the borrowers

    to seek permission to sell all their immovable properties without any

    interference from the appellant bank is not only commercially imprudent

    but also mischievous inasmuch as it usually does not fetch the true and

    realizable value of such assets. In such circumstances, there is also no

    equity which the borrower can claim in seeking a One Time Settlement. In

    a society which is governed by the Rule of Law, citizens must be made to
    13

    2026:CHC-AS:1213-DB
    adhere to their consciously undertaken contractual obligations.

    Aberrations have now become the Norm. And even the bald want a haircut

    which the system merrily bestows on them.

    23. The decision relied on by the borrowers in Olive Tree Retail (P) Ltd. v. South

    India Bank Ltd. (Supra) is distinguishable and inapposite. There is no

    vested right which any borrower has in having its proposal for a One Time

    Settlement being considered. In the scheme of the Act, the remedy at the

    stage of issuance of a section 13(2) notice lies in responding under section

    13(3-A) and this is no reason to bypass the statutory mechanism. (Devi

    Ispat Limited and another vs. State Bank of India and others, (2014) 5 SCC

    762 para 9). The ploy of impleading the RBI or any third party to wriggle

    out of the folds of the Act and create an illusion of a cause of action is not

    to be encouraged. This is not a ground nor the stage at which the recovery

    proceedings are to be jettisoned or stultified. The contention of the

    appellant bank that the borrowers have a remedy under the RBI/

    Integrated Ombudsman Scheme, 2021 is flawed and rejected. The Scheme

    is applicable only to services provided by a regulated entity and does not

    include recovery of debts or the classifying of an account as NPA.

    24. To conclude, in a world where obscurity is seen as a virtue and clarity a

    vice we are best allowed to let sleeping doctrines lie. The admitted facts of

    this case are that a loan was taken by a debtor which remains unpaid.

    Regardless of the bristling questions of law and the unnaturally created

    plea of natural justice, two questions which also require to be enquired of

    in such matters are: Have you received the money? If yes, how and when do

    you propose to repay the same? Bank defaulters are a bane to any healthy
    14

    2026:CHC-AS:1213-DB
    economy. There are a plethora of a reasons as to why the recovery

    proceedings are delayed. One such reason is the lack of intent and

    seriousness in pursuing the same. On occasions, the conduct of the bank

    and financial institutions also evidence apathy and indifference whether

    intentional or accidental. Then there is always the lurking doubt as to Who

    is arguing Whose case? And how the deck has been stacked up in favour of

    the borrower. To add, is the recourse to Courts which further delays

    recovery. It is trite law that questions of legal rights and liability should be

    resolved by application of the law and not by exercise of discretion. All of

    this only enures to the benefit of the delinquent defaulter. The solution

    being not to tinker in such commercial matters involving a lender and a

    borrower when the legislature has provided a specific mechanism for

    appropriate redressal. Needless to remind ourselves that the mantra is one

    of ease of doing business and not ease of doing fraud. This is not to

    undermine the recent legislative changes which have drastically reduced

    the number of defaulters in the country. Ultimately, it is only “We The

    People Of India” who suffer.

    25. In view of the above, the appeal succeeds. MAT 743 of 2026 stands allowed.

    CAN 2 of 2026 is disposed of. WP 25431 of 2024 stands dismissed on the

    ground that borrowers have a statutory alternative efficacious remedy

    under the Act. COT 56 of 2026 being the cross appeal filed by the borrower

    also stands dismissed. It is made clear that all the points on merits are left

    open to be adjudicated upon by the DRT without being influenced by this

    order. In view of the kite flying exercise and abuse of process by the

    borrowers, costs are assessed at Rs. 5 lacs to be paid to the appellant bank
    15

    2026:CHC-AS:1213-DB
    within a period of eight weeks from the date of this order. In default, the

    same be included in the claim of the appellant bank against the borrowers

    albeit without any interest.

    (Ravi Krishan Kapur, J.)

    I agree

    (Chaitali Chatterjee Das, J.)



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