Najad P.V vs The Manager
2024 Latest Caselaw 32874 Ker

Kerala High Court

Najad P.V vs The Manager on 13 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 40145 OF 2024




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                                                                        2024:KER:84889


                          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. 40145 OF 2024


PETITIONER/S:

                 NAJAD P.V
                 AGED 32 YEARS
                 S/O MOHAMMED KUTTY, NADUVILAKKANDY HOUSE, KOTTAPURAM,
                 ANDIYOORKUNNU P.O, MALAPPURAM, KERALA, PIN - 673637

                 BY ADVS.
                 REETHU JACOB
                 HASHARURAHIMAN U.



RESPONDENT/S:

       1         THE MANAGER
                 FEDERAL BANK LTD. PILLIKKAL, ATINGAL, ANDIYOORKUNNU P.O, MALAPPURAM,
                 KERALA, PIN - 673637

       2         THE AUTHORIZED OFFICER
                 LOAN AND COLLECTION, RECOVERY DEPARTMENT, FEDERAL BANK LTD. MAVOOR
                 ROAD, KOZHIKODE, KERALA, PIN - 673661


                 SRI. SUNIL SHANKAR-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. 40145 OF 2024




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                                       JUDGMENT

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

following prayers:

"Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to grant 24 equal monthly installments for repayment of the entire due amount till that period all further proceeding against the petitioner's property shall be kept in abeyance ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to grant 24 equal monthly installments for repayment of the entire outstanding amount. till that period all further proceeding against the petitioner's property shall be kept in abeyance iii. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case"

2. The petitioner had approached this Court on an earlier

occasion with W.P.(C) No.3213/2024 which was disposed of by this Court

on the following terms:

WP(C) NO. 40145 OF 2024

2024:KER:84889

(i) The petitioner shall remit 5 lakhs on or before 24.06.2024 and the balance outstanding amount in twelve consecutive and equal monthly installments immediately thereafter along with accruing interest and other Bank charges, if any.

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

iii) If the petitioner make payments as directed above, coercive 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 24.05.2024.

Therefore, the Bank proceeded further under the provisions of the

SARFAESI Act, and the Rules made thereunder.

Successive writ petitions for the same cause of action are not

maintainable. Therefore, the writ petition is dismissed.

Sd/-

D. K. SINGH JUDGE jjj WP(C) NO. 40145 OF 2024

2024:KER:84889

APPENDIX OF WP(C) 40145/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE DEMAND NOTICE DATED 26.09.2023 ISSUED BY THE RESPONDENT BANK.

Exhibit-P2 TRUE COPY OF THE POSSESSION NOTICE DATED 20.01.2024 ISSUED BY THE RESPONDENT BANK.

Exhibit-P3 TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO. 3213/2024 DATED 24.05.2024.

Exhibit-P4 TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER.

Exhibit-P5 THE TRUE COPY OF NOTICE DATED 08.11.2024 ISSUED BY THE ADVOCATE COMMISSIONER.