Rajeesh Gopi vs The Authorised Officer
2024 Latest Caselaw 29466 Ker

Citation : 2024 Latest Caselaw 29466 Ker
Judgement Date : 17 October, 2024

Kerala High Court

Rajeesh Gopi vs The Authorised Officer on 17 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

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         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

             THE HONOURABLE MR. JUSTICE D. K. SINGH

THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                    WP(C) NO. 35411 OF 2024

PETITIONERS:

    1    RAJEESH GOPI,
         AGED 42 YEARS
         S/O GOPI, THANIKKAL HOUSE, MUTHALAKODAM P.O.,
         THODUPUZHA, IDUKKI DIST, PIN - 685605

    2    RAMESH GOPI,
         AGED 34 YEARS
         S/O GOPI, THANIKKAL HOUSE, MUTHALAKODAM P.O.,
         THODUPUZHA, IDUKKI DIST, PIN - 685605


         BY ADV M.V.RAJENDRAN NAIR


RESPONDENTS:

    1    THE AUTHORISED OFFICER,
         CENTRAL BANK OF INDIA, MANGATTUKAVALA,
         THODUPUZHA, IDUKKI DIST, PIN - 685585

    2    CENTRAL BANK OF INDIA
         BRANCH OFFICE, MANGATTUKAVALA, THODUPUZHA, IDUKKI
         DIST. REP. BY BRANCH MANAGER., PIN - 685585



OTHER PRESENT:

         SRI.K.M. ANEESH-SC


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.35411 of 2024

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                                       2


                                JUDGMENT

(Dated this the 17th day of October, 2024)

The present writ petition has been filed seeking the

following reliefs:

"(i). Issue a Writ of Mandamus or any other appropriate Writ, order or direction, by directing the Respondents to stop the entire recovery proceedings initiated against the Petitioners.

(ii). Issue a Writ of Mandamus or any other appropriate Writ, order or direction, commanding the Respondents to give sufficient time to the petitioners to repay the due amount, by monthly installments.

(iii). Issue any other appropriate Writ, order or direction as this Hon'ble Court may deem fit and proper as per the facts and circumstances of the case and exempt the petitioner from producing the documents in vernacular language."

2. This is the 2nd round before this Court. The

petitioners have approached this Court earlier by filing

W.P.(C).No.22968/2022 which was disposed of by this Court

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vide judgment dated 21.12.2022. This Court while disposing

of the said writ petition issued the following directions:

"Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.1,82,999/- (Rupees One Lakh Eighty Two Thousand Nine Hundred and Ninety Nine only) due in respect of the one term loan along with accrued interest and bank charges from the petitioners in installments and to permit the petitioners to regularize the other term loan account by paying the total overdue amount of Rs.4.77,529/- (Rupees Four Lakh Seventy Seven Thousand Five Hundred and Twenty Nine Only) along with regular EMI's and accrued interests and costs as under:-

(i) The outstanding amount of Rs. 1,82,999/-

(Rupees One Lakh Eighty Two Thousand Nine Hundred and Ninety Nine only) in respect of the one term loan together with any accrued interest/costs shall be repaid in 12 equated monthly installments starting from 16-01- 2023. The subsequent installments shall be paid on or before the 16th day of the succeeding months:

(ii) The overdue amount of Rs.4,77,529/-

(Rupees Four Lakh Seventy Seven Thousand Five Hundred and Twenty Nine Only) in respect of the other term loan along with

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regular EMI's and accrued interest and costs shall be repaid in 12 equated monthly installments commencing from 16-01-2023. The subsequent installments shall be paid on or before the 16th day of the succeeding months. Petitioners shall also continue to pay the regular EMI's on due dates without fail;

(iii) In the event of default of any one installment, the respondent bank shall be entitled to proceed in accordance with law.

(iv) In order to enable the petitioners to repay the entire amounts, all coercive proceedings shall be kept in abeyance."

The petitioners have not complied with the said

judgment and therefore, the Bank has proceeded further

under the provisions of the SARFAESI Act and Rules made

thereunder. This Court finds that successive writ petition

for the same cause of action is not maintainable before this

Court and therefore, the present writ petition is dismissed.

Sd/-

D. K. SINGH JUDGE

Mms

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