Abdul Khadar C M vs State Bank Of India
2023 Latest Caselaw 10970 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                      WP(C) NO. 7359 OF 2023
PETITIONER:

          ABDUL KHADAR C M
          AGED 61 YEARS, S/O MARAKKAR,
          CHAITHAMKULAM HOUSE, PILAKKAD P.O,
          VARAVOOR, THRISSUR DISTRICT-680584.

          BY ADVS.
          K.R.ARUN KRISHNAN
          DEEPA K.RADHAKRISHNAN
          SANAL C.S
          JISSMON A KURIAKOSE
          E.PRAJITH KUMAR


RESPONDENTS:

    1     STATE BANK OF INDIA
          VARAVOOR BRANCH
          REPRESENTED BY ITS MANAGER
          HAVING OFFICE AT THOTTUMOOCHIKAL BUILDING,
          THALI PO, 680 585, PIN - 680585.

    2     AUTHORIZED OFFICER
          UNDER SARFAESI ACTHAVING OFFICE AT RASMEC,
          KUNNAMKULAM, TELEPHONE EXCHANGE BUILDING,
          THRISSUR 680 503., PIN - 680503.

          BY ADV AMAL GEORGE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.7359 of 2023

                                     :2:




                          JUDGMENT

Dated this the 26th day of October, 2023

The petitioner is before this Court, seeking to permit the

petitioner to liquidate the overdue loan liability in easy

installments and till such time to stall all proceedings pursuant to

Ext.P2 in the interest of justice.

2. Standing Counsel for the respondents would submit

that the petitioner had taken a Housing Loan and the liability as it

now stands, is ₹19,32,000/- approximately. Counsel for the

respondents submitted that the petitioner had earlier approached

this Court filing another writ petition, in which installment facilities

were granted. The petitioner did not comply with the said W.P.(C) No.7359 of 2023

judgment. Suppressing the factum of the said proceedings, the

petitioner has filed this writ petition. The Counsel for the

respondents further pointed out that the petitioner has sold a part

of the mortgaged property, illegally.

3. I have heard the learned Counsel for the petitioner and

the learned Standing Counsel representing the respondents.

4. It is an admitted fact that the petitioner has obtained a

loan from the 1st respondent-Bank. The petitioner approached this

Court filing W.P.(C) No.10684 of 2015. This Court passed an

interim order. The writ petition was finally disposed of granting

two months time to the petitioner to clear the dues.

5. After availing the benefit of a judgment, the petitioner

has not cleared the amount. There is a further allegation that the

petitioner has disposed of a part of the mortgaged property. The

petitioner has approached this Court suppressing the fact of

approaching this Court earlier.

W.P.(C) No.7359 of 2023

6. In the circumstances of the case, I am not inclined to

entertain this writ petition.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.7359 of 2023

APPENDIX OF WP(C) 7359/2023

PETITIONER EXHIBITS Exhibit P1 COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD 28/02/2021 TO 21/02/2023 Exhibit P2 COPY OF THE NOTICE DATED 21/02/2023 ISSUED BY THE RESPONDENT RESPONDENT EXHIBITS Exhibit R1(A) True photocopy of the order passed in IA No. 9460 in 2017 in WP(C) 10684 of 2015 dated 13/07/2017