Kerala High Court
Leena Dunstan vs The Quilon Co-Op. Urban Bank Ltd. No. Q ... on 1 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 27493 OF 2024
PETITIONER:
LEENA DUNSTAN,
AGED 40 YEARS
D/O. LATE DUSTAN MORRIS, RESIDING AT THUNDU
PURAYIDOM, THEKKUMKARA, PULLICHIRA P.O., KOLLAM NOW
RESIDING AT 1ST FIGLIE DI NOSTRA SIGNORA AL MONTE
CALVARIO VIA EAMNUELE FILIBERTO 104 00185 ROMA,
ITALIA, REPRESENTED BY HER POWER OF ATTORNEY HOLDER
NANCY FRANCIS, AGED 58 YEARS, W/O. FRANCIS, JO
NIVAS, PULLICHIRA PO, MAYYANAD, MAYYANAD, KOLLAM
DISTRICT, PIN - 691304
BY ADVS.
BIJU .C. ABRAHAM
THOMAS C.ABRAHAM
BASIL MATHEW
RESPONDENTS:
1 THE QUILON CO-OP. URBAN BANK LTD. NO. Q 960
KOLLAM, REPRESENTED BY ITS AUTHORIZED OFFICER, PIN
- 691001
2 MANAGER, THE QUILON CO-OP. URBAN BANK LTD. NO. Q
960,
AYATHIL BRANCH, KOLLAM, PIN - 691004
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.27493 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:
"i) To issue a writ of mandamus or any other
appropriate writ or order directing the respondents to
allow the petitioner to pay the due amount in
convenient instalments after waiving penal interest
and hidden charges. I
ii) To issue a writ of mandamus or any other
appropriate writ or order directing the respondents to
handover the physical possession of the secured
assets to the petitioner on payment of Rs. 7 lakhs
forthwith or within such time as this Hon'ble Court
may deem fit and proper in the interest of justice.
iii) Grant such other reliefs as this Hon'ble Court may
deem just and proper in the interest of justice,
including costs."
2. This is the 4th Writ Petition filed by the petitioner before
this Court for identical or similar reliefs. The 1 st writ petition
WP(C) No. 6349/2019 filed by the petitioner before this Court
was disposed of by this Court vide judgment dated 01.03.2019
on the following terms:
"In such circumstances, I direct the petitioner
to pay an amount Rs.2.5 lakhs on or before
WP(C) NO.27493 OF 2024
28.03.2019; and if she makes this payment, then
she will be permitted to pay off the balance, along
with applicable charges and interest, in eight equal
monthly instalments, commencing from 16.05.2019.
She shall also, in addition to this, pay the regular
EMIs without fail. If such payment is made by the
petitioner, her loan account would stand regularised
and she would then be at liberty to service the
account as per the terms of the loan sanctioned. It
goes without saying that if there is any default in
making the payment as directed above, the benefit
granted under this judgment would stand vacated
and the Bank will be at 1liberty to recover the entire
liability from the petitioner by continuing with the
proceedings from the stage it is on this date. I make
it clear that the directions in this judgment are
peremptory in nature and that the petitioner will
have to comply with the same meticulously. I
caution the petitioner that no further requests for
extension or modification of this judgment, save in
exceptional circumstances, will be permitted and
that if the petitioner fails to comply with the
directions herein, she will 1lose the benefit of this
judgment and she will also be foreclosed from
challenging the measures/proceedings taken by the
Bank under the SARFAESI Act and impugned in this
writ petition before any other alternative Forum or
Court. The writ petition is ordered accordingly."
WP(C) NO.27493 OF 2024
3. Admittedly, the petitioner did not comply with the
directions issued by this Court in the aforesaid WP(C)No.
6349/2019 and the Bank proceeded against the petitioner under
the provisions of the SARFAESI Act. Thereafter, the petitioner
filed a Review Petition No.981/2020 seeking review of the
judgment dated 17.12.2020 in WP(C) No.6349/2020. The said
Review Petition came to be dismissed vide order dated
17.12.2020. Thereafter, the petitioner had approached this
Court third time in WP(C) No.4103/2022. This Court did not
interfere with the writ petition, however the petitioner was
granted liberty to make representation within one week to the
Bank and the Bank should consider the representation of the
petitioner. It was also said that the further proceedings against
the petitioner under the SARFAESI Act should be kept in
abeyance till the decision is taken on the representation to be
filed by the petitioner. It appears that the petitioner did not file
any representation as per the judgment dated 22.11.2022
4. Now this is the fourth time the petitioner has
approached this Court. This Court finds no ground to entertain
this Writ Petition and therefore, the same is dismissed. However
the petitioner may approach the Bank, if he is so advised or take
WP(C) NO.27493 OF 2024
recourse to any other proceedings as may be available to him
under the law for necessary reliefs.
In view thereof, the present Writ Petition is dismissed.
Sd/-DINESH KUMAR SINGH,
JUDGE
lsn
WP(C) NO.27493 OF 2024
APPENDIX OF WP(C) 27493/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED
1/3/2019 IN W.P.(C). NO. 6349/2019
Exhibit P2 A TRUE COPY OF THE ORDER DATED
17/12/2020 THUS PASSED BY THIS HON'BLE
COURT IN R.P. NO. 981/2020 IN W.P.(C).
Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE
DATED 18/10/2021 WITH REGARD TO THE
FATHER OF THE PETITIONER
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED
22/11/2022 PASSED BY THIS HON'BLE COURT
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
