Kanakambaran E.T vs The Authorised Officer
2024 Latest Caselaw 32840 Ker

Citation : 2024 Latest Caselaw 32840 Ker
Judgement Date : 13 November, 2024

Kerala High Court

Kanakambaran E.T vs The Authorised Officer on 13 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 40071 OF 2024




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                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT

                            THE HONOURABLE MR. JUSTICE D. K. SINGH

                WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946

                                    WP(C) NO. 40071 OF 2024


PETITIONER/S:

                 KANAKAMBARAN E.T, AGED 48 YEARS, S/O THANKAPPAN, EZHUTHACHAN VEETTIL,
                 PUNNAYUR, ALANGAD, THRISSUR, PIN - 680518


                 BY ADVS.
                 R.SUDHEER
                 K.N.RAJANI
                 T.U.ANUKRISHNA



RESPONDENT/S:

                 THE AUTHORISED OFFICER,
                 BANK OF BARODA, GURUVAYOOR BRANCH, EMIRATES COMPLEX, 1ST FLOOR, EAST
                 NADA, GURUVAYOOR, THRISSUR, PIN - 680101


                 SRI.K. ANAND-SC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40071 OF 2024




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                                        JUDGMENT

This is the second writ petition filed by the petitioner for the following

prayers:

"i) to issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext. P1 and quash the same as the same is violative of Article 14 of the Constitution of India;

ii) to issue an order or direction directing the respondents to Consider Exhibit P2 and allow a one-time settlement within one month.

iii) Issue an order or direction directing the respondents to give 10 equal monthly instalment facilities for the overdue amount and regularize the loan account after payment of the same.

iv) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case."

2. The petitioner had approached this Court on an earlier

occasion with W.P.(C) No.4168/2024 which was disposed of by this Court

on the following terms:

"(i) The petitioner shall remit the balance overdue amount of ₹3,02,000/-

in six equal and consecutive monthly instalments along with accruing WP(C) NO. 40071 OF 2024

2024:KER:84885

interest and other Bank charges, if any. The first instalment shall be paid on or before 06.05.2024.

(ii) If the petitioner commits default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law.

(iii) The petitioner shall also pay current EMIs along with the aforesaid payments.

(iv) If the petitioner makes payments as directed proceedings, if any, against the petitioner shall stand deferred."

3. It appears that the petitioner did not comply with the

directions issued by this Court in the judgment dated 05.04.2024.

Therefore, the Bank proceeded further under the provisions of the

SARFAESI Act, and the Rules made thereunder.

4. Successive writ petitions for the same cause of action are not

maintainable. Therefore, the writ petition is dismissed. However, the

petitioner may approach the Bank and submit a proposal for a One-time

settlement/ restructuring/ rescheduling of the payment terms, and the

Bank should take appropriate decision on such a request. WP(C) NO. 40071 OF 2024

2024:KER:84885