Kerala High Court
Vidhu U vs Kerala Gramin Bank on 25 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 37567 OF 2024
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2024:KER:79894
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37567 OF 2024
PETITIONER:
VIDHU U.,
AGED 40 YEARS
S/O. UNNI, PADATHUVEEDU, KAMMANTHARA, VADAKKANCHERY,
THRISSUR, PIN - 678683
BY ADVS.
S.MUMTAZ
ALISHA ASLAM
ARPANAI T.A.
BHAVANA VIJAYAKUMAR
RESPONDENT:
KERALA GRAMIN BANK,
REP. BY THE AUTHORIZED OFFICER REGIONAL OFFICE, THIRD FLOOR,
SUN TOWER, THRISSUR EASTFORT P.O, THRISSUR, PIN - 680005
SRI.JAWAHAR JOSE-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37567 OF 2024
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2024:KER:79894
JUDGMENT
Dated this the 25th day of October, 2024
The present Writ Petition has been filed seeking the
following prayers:
i) Issue a writ of mandamus giving direction to the
Respondent to allow the Petitioner to pay the overdue
amount in installments and to regularize the loan
account.
ii) Pass such other orders which are incidental and proper
in the interest of justice.
iii) English translation of the vernacular documents will be
produced.
2. This is the second writ petition filed by the
petitioner for the same/identical prayers between the
same parties on the same facts. The 1st writ petition being
W.P.(C.) No.28296/2022 was disposed of by this Court with
the following directions:
"6. Accordingly, there will be a direction to the
respondent bank to accept repayment of the entire
outstanding amount of Rs.16,44,652/- in respect of overdraft
facility and business loan and the overdue amount of
Rs.6,96,740/- in respect of housing loan, along with bank
charges from the petitioner and regularise the loan account
of the petitioner on the following conditions:
WP(C) NO. 37567 OF 2024
2024:KER:79894
(i) The outstanding amount of Rs.16,44,652/- in respect
of overdraft facility and business loan together with
any accrued interest/costs shall be repaid in fifteen
(15) equated monthly instalments.
(ii) The overdue amount of Rs.6,96,740/- in respect of
housing loan together with any accrued interest and
charges shall also be repaid in fifteen (15) equated
monthly instalments.
(iii) The first instalment in respect of all the loans shall be
paid on or before 16.09.2022 and subsequent
instalments shall be paid on or before 16th day of
2022:KER:48640 WPC NO.28296 OF 2022 5 every
succeeding month.
(iv)Petitioner shall continue to pay the regular
instalments in respect of housing loans along with the
instalments as directed above.
(v) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in
accordance with law.
(vi) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings shall be kept in
abeyance."
3. The petitioner has not complied with the said
judgment and therefore, the bank is proceeding further to
realize its dues in accordance with law, under the
provisions of the SARFAESI Act and Rules made
thereunder.
WP(C) NO. 37567 OF 2024
2024:KER:79894
Successive writ petitions for the same cause of action
are not maintainable, and therefore, the present writ
petition is dismissed. However, the petitioner may
approach the bank for rescheduling/restructuring/One
Time Settlement of the outstanding liability of the
petitioner.
Sd/-
D. K. SINGH
JUDGE
AP
WP(C) NO. 37567 OF 2024
2024:KER:79894
APPENDIX OF WP(C) 37567/2024
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF THE JUDGMENT DATED 31/08/2022 IN WPC
NO. 28296/2022 I
Exhibit P 2 a TRUE COPY OF PAYMENT RECEIPTS DATED 16/09/2022
FOR RS. 1,00,000/-.
Exhibit 2 b TRUE COPY OF PAYMENT RECEIPTS DATED 16/09/2022
FOR RS. 10,550/-
Exhibit P 2c TRUE COPY OF PAYMENT RECEIPTS DATED 16/09/2022
FOR RS. 46,450/-
Exhibit P 3 a TRUE COPY OF PAYMENT RECEIPTS DATED 17/10/2022
FOR RS.38000/-
Exhibit P 3 b TRUE COPY OF PAYMENT RECEIPTS DATED 17/10/2022
FOR RS. 46450/-
Exhibit P 3 c TRUE COPY OF PAYMENT RECEIPTS DATED 17/10/2022
FOR RS. 10550/-
Exhibit P 4 a TRUE COPY OF PAYMENT RECEIPTS DATED 10/01/2023 OF
RS. 100000/-
Exhibit P 4 b TRUE COPY OF PAYMENT RECEIPTS DATED 10/01/2023 OF
RS. 46450/-
Exhibit P 4 c TRUE COPY OF PAYMENT RECEIPTS DATED 10/01/2023 OF
RS. 10550/-
Exhibit P 5 TRUE COPY OF THE NOTICE DATED 07/10/2024 ISSUED
BY THE ADVOCATE COMMISSIONER IN MC 389/2024
Exhibit P 6 TRUE COPY OF THE WITHDRAWAL MEMO DATED 22/
10/2024 FILED BY THE PETITIONER IN SA 152/2023
BEFORE THE DEBTS RECOVERY TRIBUNAL-II, ERNAKULAM.
