Kerala High Court
Ummer K vs The Urban Co-Operative Bank Ltd, ... on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 33475 OF 2022
PETITIONER:
1 UMMER K
AGED 63 YEARS
S/O.ENU HAJI
KURUKKAN HOUSE, VALLIYAMCHERI (PO),
MALAPPURAM DT., PIN - 679327
BY ADVS.
T.K.AJITH KUMAR
AISWARYA RAMESAN
HARITHA HARIDAS
RESPONDENTS:
1 THE URBAN CO-OPERATIVE BANK LTD, PERINTHALMANNA
P.B.NO.10, HEAD OFFICE, PERINTHALMANNA PO,
MALAPPURAM DT.PIN - 679322
REPRESENTED BY ITS GENERAL MANAGER
2 AUTHORISED OFFICER
THE URBAN CO-OPERATIVE BANK, PERINTHALMANNA LTD, HEAD
OFFICE, PERINTHALMANNA PO, MALAPPURAM DT. , PIN - 679322
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.33475 of 2022
2
JUDGMENT
Dated this the 21st day of October, 2022
The petitioner is challenging proceedings initiated
against the petitioner under the SARFAESI Act, 2002.
It appears from the records that the petitioner has
earlier approached this Court through W.P.(C.)
No.9914/2019 which was disposed of by Ext.P3
judgment granting the petitioner benefit of repayment
in installments. It is also clear from Ext.P3 judgment
that this Court had clearly directed that if the
petitioner does not comply the terms judgment, he
will lose the benefit of the judgment; no further
extension of time will be granted and also that the
petitioner will be foreclosed from challenging
proceedings initiated under the SARFAESI Act before
any court or forum. It is clear that considering the
nature of findings in Ext.P3 judgment, a fresh writ
petition at the instance of the petitioner is not
maintainable.
WPC No.33475 of 2022
2. Faced with this situation the learned
counsel for the petitioner states that the writ petition
may be disposed of with a direction to the 1 st
respondent to consider and pass orders on Ext.P4
application for One Time Settlement within a time
frame.
3. Having regard to the limited nature of the
relief sought for by the petitioner, it is not necessary
to issue notice to the respondents.
The writ petition will stand disposed of directing
the 1st respondent to consider and pass orders on
Ext.P4 application for One Time Settlement within a
period of one month from the date of receipt of a
certified copy of this judgment.
Sd/-
GOPINATH P.
JUDGE
SKP/21-10
WPC No.33475 of 2022
APPENDIX OF WP(C) 33475/2022
PETITIONER'S EXHIBITS:
EXHIBIT-P1 TRUE COPY OF THE DEMAND NOTICE DATED 18.6.2019
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT-P2 TRUE COPY OF THE POSSESSION NOTICE DATED
20.9.2019.
EXHIBIT-P3 TRUE COPY OF THE JUDGMENT DATED 08.04.2019 IN
WP(C) NO. 9914/2019.
EXHIBIT-P4 TRUE COPY OF THE REPRESENTATION DATED
17.10.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
