Shibu Tg vs Hdb Financial Services Ltd
2024 Latest Caselaw 27380 Ker

Kerala High Court

Shibu Tg vs Hdb Financial Services Ltd on 11 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                         2024:KER:69158


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                      WP(C) NO. 32332 OF 2024

PETITIONER:

          SHIBU T G
          AGED 43 YEARS, S/O. TULASEEDHARAN NAIR,
          SOUPARNIKA, KAVOTTUMUKKU, KAZHAKOOTAM PO,
          THIRUVANANTHAPURAM., PIN - 695583.

          BY ADVS.
          S. MUMTAZ
          ALISHA ASLAM


RESPONDENT:

          HDB FINANCIAL SERVICES LTD.,
          REP BY THE AUTHORIZED OFFICER, 3RD FLOOR,
          JYOTHI TOWERS, SS KOVIL ROAD, THAMPANOOR PO,
          TRIVANDRUM, PIN - 695001.

          BY ADV.
             SRI. PRADHEESH CHACKO-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32332 OF 2024


                                             2

                                                                   2024:KER:69158



                          DINESH KUMAR SINGH, J.
                                --------------------------
                            W.P.(C) No. 32332 of 2024
                                  -------------------------
                     Dated this the 11th day of September, 2024

                                       JUDGMENT

1. The present writ petition has been filed by the petitioner for

the following reliefs;

(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.

2. This is the second writ petition filed by the petitioner. Earlier

writ petition filed by the petitioner being W.P.(C) No. 16578 of 2023

was disposed of on the following terms;

"6. Having considered the pleadings and materials on record, and in the light of the submission made by the learned counsel appearing for parties, to provide the petitioner one last opportunity, I am inclined to exercise the powers of this Court under Article 226 of the Constitution of India and dispose of the writ petition.

WP(C) NO. 32332 OF 2024

2024:KER:69158

Resultantly, I dispose of the writ petition in the following manner:

(i) The respondents are directed to defer further coercive proceedings as against the petitioners pursuant to Ext.P1 notice, to enable them to pay off the overdue amount.

(ii) The petitioners shall pay the overdue amount as stated above with interests and costs, in ten equated monthly instalments commencing from 24.06.2023, along with the regular EMIs.

(iii) Needless to mention, if the petitioners commit default in respect of any of the conditions ordered above, they will lose the benefit of this judgment and the respondents would be at liberty to proceed with recovery proceedings from the stage it presently stands.

(iv) It is made clear that, no further application for modification/extension of time shall be entertained."

The petitioner has not complied with the directions in the aforesaid

Judgment and, therefore, the respondent financial institution has

proceeded against the petitioner under the provisions of the

SARFAESI Act and the Rules made thereunder. WP(C) NO. 32332 OF 2024

2024:KER:69158

3. The successive writ petitions for the same cause of action is not

maintainable and as the same is barred by principles of res

judicata/constructive res judicata. Hence, the present writ petition is

hereby dismissed. The petitioner may work out his remedy with the

respondent financial institution, if he is so advised.

Sd/-

DINESH KUMAR SINGH JUDGE Svn WP(C) NO. 32332 OF 2024

2024:KER:69158

APPENDIX OF WP(C) 32332/2024

PETITIONER'S EXHIBITS

EXHIBIT P 1 TRUE COPY OF THE JUDGMENT DATED 25/05/2023 IN WPC 16578/2023 OF THE HON'BLE HIGH COURT

EXHIBIT P 2 TRUE COPY OF THE POSSESSION NOTICE DATED 28/06/2023

EXHIBIT P 3 TRUE COPY OF THE POSSESSION NOTICE DATED 25/06/2024

EXHIBIT P 4 TRUE COPY OF THE NOTICE DATED 29/08/2024 ISSUED BY THE ADVOCATE COMMISSIONER IN MC