Musthafamarutheri vs Payyoli Co-Operative Urban Bank
2023 Latest Caselaw 747 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

              THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944

                               WP(C) NO. 42069 OF 2022

PETITIONER:

               MUSTHAFAMARUTHERI,
               AGED 52 YEARS
               S/OMOIDHEEN, CHERUKKUNIVAYALIL, THURAYUR ,PAYYOLIANGADI,
               KOZHIKODE-, PIN - 67352
               BY ADVS.
               B.MUHAMMED SHAHEEL
               K.REEHA KHADER


RESPONDENT:

               PAYYOLI CO-OPERATIVE URBAN BANK
               LTD,NO.F/1354, P.B NO-1, PAYYOLI P.O., KOZHIKODE-673522
               REPRESENTED BY ITS GENERAL MANAGER, PIN - 673522
               BY ADVS.
               M.VIVEK RABINDRANATH
               V.A.SATHEESH



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No. 42069 of 2022
                                 ..2..




                             JUDGMENT

The petitioner has approached this court being aggrieved by

the proceedings initiated against the petitioner under the

provisions of the SARFAESI Act to recover amounts due under a

loan availed by the petitioner from the respondent bank.

2. The record of the case shows that the petitioner had

earlier approached this court by filing W.P.(C) No.7162/2022

which was disposed of by Ext.P1 judgment permitting the

petitioner to clear the overdue amount in respect of the loans in

twelve equal monthly instalments. The first instalment was

payable by the petitioner on 10.08.2022.

3. The learned counsel appearing for the respondent bank

submits that the petitioner did not comply with the terms of

Ext.P1 judgment and not a single penny has been remitted

towards the loan account after the date of the judgment. It is

submitted that the respondent bank is under a corrective action

plan of the Reserve Bank of India and there are several

restrictions placed on its business by the Reserve Bank of India. W.P. (C) No. 42069 of 2022 ..3..

It is submitted that any further delay in recovery of the amount

from the petitioner will cause serious injury and prejudice to the

respondent bank.

4. The learned counsel for the petitioner would submit

that the petitioner was suffering from a serious illness as is

evident from Ext.P2. It is submitted that the petitioner could not

comply with the terms of Ext.P1 judgment only on account of his

illness on account of continued hospitalization. It is submitted

that one further chance is given to the petitioner, the petitioner

will be in a position to clear the liabilities.

5. Having heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the respondent

bank, I am of the view that the present writ petition is clearly not

maintainable. As pointed out by the learned counsel appearing

for the respondent bank, this court had already granted to the

petitioner the liberty of paying the overdue amount in

instalments and regularizing the loan account. The petitioner has

failed to do so. The judgment itself permits the bank to proceed

further if the petitioner commits default in payment of any of the W.P. (C) No. 42069 of 2022 ..4..

instalments. The petitioner has not paid any amount after Ext.P1

judgment of this court. Therefore, the present writ petition

raising the very same grounds that were raised before this court

in the earlier round of litigation cannot be entertained. If the

petitioner wants further time to comply with the directions

contained in Exrt.P1 judgment, it is for the petitioner to seek an

extension of time for compliance of conditions in that judgment

and the filing of a second writ petition is not the remedy available

to the petitioner. In the light of the above finding, this writ

petition fails. It is accordingly, dismissed.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) No. 42069 of 2022 ..5..

APPENDIX OF WP(C) 42069/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 14.07.2022 IN WP (C) NO. 7162/2022 Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED 29/09/2022 ISSUED BY ALL INDIA INSTITUTE OF SPEECH Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE DATED 18.10.2022 Exhibit P4 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 13.12.2022

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE