Dr.Esther Mattakkal Jose vs The Authorised Officer
2022 Latest Caselaw 9523 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                       WP(C) NO. 27545 OF 2022
PETITIONER:

          DR.ESTHER MATTAKKAL JOSE
          AGED 32 YEARS, W/O VISHNU JOSHY,
          MATTAKKAL HOUSE, ANNAMANADA P.O,
          MALA, EDAYATTOR, THRISSUR, PIN - 680 741.

          BY ADVS.
                    T.A.UNNIKRISHNAN
                    K.K.AKHIL
                    T. SREELAKSHMI UNNIKRISHNAN
                    DAKSHINA SARASWATHY
                    NANDU S KUMAR


RESPONDENTS:

    1     THE AUTHORISED OFFICER
          REGIONAL MANAGER,
          SOUTH INDIAN BANK, REGIONAL OFFICE, 1ST FLOOR,
          PLATINUM JUBILEE BUILDING, CIVIL LANE ROAD,
          NEAR CHILDRENS PARK, AYYANTHOLE, THRISSUR,
          PIN - 680 003.

    2     THE BRANCH MANAGER
          SOUTH INDIAN BANK, OLLUR BRANCH, OLLUR P.O,
          THRISSUR,PIN - 680 306.


OTHER PRESENT:

          ADV. SUNIL SHANKAR (SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27545 OF 2022             2



                          JUDGMENT

The petitioner has approached this Court being

aggrieved by the fact that physical possession of the

petitioner's residential house is proposed to be taken on

29.08.2022 in terms of Section 14 of the Securitisation

and Reconstruction of Financial Assets and Enforcement

of Security Interest Act (SARFAESI Act). It is a case of

the petitioner that she is a doctor by profession and is

also running a clinic in the property in question. It is

submitted that pursuant to Ext.P1 judgment of this Court,

the petitioner had remitted substantial amounts. It is

submitted that despite best efforts, petitioner could not

comply with the terms of Ext.P1 judgment in its entirety.

2. The learned standing counsel appearing for

the respondent Bank states that the present writ petition

is clearly not maintainable, as the petitioner had already

been granted relief by this Court through Ext.P1

judgment. It is submitted that a further writ petition at

the instance of the petitioner clearly cannot be

entertained. It is submitted that the overdue amount as

on date is Rs.17,67,403.54/- (Rupees Seventeen Lakhs

Sixty Seven Thousand Four Hundred and Three and

Paise Fifty Four Only).

3. Having heard learned counsel for the

petitioner and learned Standing Counsel for the

respondent Bank, I am of the view that there is

considerable merit in the contention taken by the

counsel for the respondent Bank that the petitioner

cannot be permitted to file successive writ petitions in

respect of the same subject matter. However, I cannot

lose sight of the fact that the petitioner had paid

substantial amounts pursuant to the direction contained

in Ext.P1 judgment.

4. The learned counsel for the petitioner also

states that the petitioner will make a substantial

payment on or before 29.08.2022, the date fixed for

taking possession of the secured asset.

5. Having regard to the facts and circumstances

of the case, I making it clear that no further indulgence

would be granted to the petitioner. This writ petition will

stand disposed of in the following manner.

Petitioner shall remit a sum of Rs.2,50,000/-

(Rupees Two Lakhs Fifty Thousand Only) on or before

27.08.2022. The balance amount along with accrued

interests and cost shall be remitted in seven equal

monthly installments commencing from 16.09.2022. The

petitioner shall also pay the regular installments on the

loan without fail. I make it clear that under no

circumstances will any further indulgence will shown to

the petitioner and if the petitioner fails to comply with

any of the directions, it will open to the Bank to proceed

against the petitioner in accordance with law.

Sd/-

GOPINATH P.

JUDGE

ats

APPENDIX OF WP(C) 27545/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 26/11/2021 IN WP(C) NO. 26658 OF 2021 OF THIS HON'BLE COURT

Exhibit P2 TRUE COPY OF THE DOWNLOADED STATEMENT OF ACCOUNTS IN THE LOAN TRANSACTION UP TO 12/8/2022

Exhibit P3 TRUE COPY OF THE NOTICE MEMO DATED 19/8/22 ISSUED BY ADVOCATE COMMISSIONER