Dismissed

Abdul Satha Y. v. Federal Bank Ltd.

Kerala HC4 Jun 2018WP(C)/6857/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking directions for paying loan overdue in instalments and regularisation of loan, having failed to comply with order in earlier writ petition. Court dismissed writ petition as not maintainable as it was virtually a review petition of earlier judgment.

What did the court decide?

Writ petition dismissed without prejudice to right of petitioner to file application for review of judgment in W.P.(C).No.4308 of 2017.

Abdul Satha Y. Vs Federal Bank Ltd. — Banking and Recovery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 4TH DAY OF JUNE 2018 / 14TH JYAISHTA, 1940

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WP(C).No. 6857 of 2018

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PETITIONER(S)

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ABDUL SATHA Y. KALPANA, PADANILAM JUNCTION, KAYAMKULAM, ALAPPUZHA -690502

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BY ADV.SMT.E.V.MOLY

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RESPONDENT(S):

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FEDERAL BANK LTD. KAYAMKULAM BRANCH, REP. BY ITS AUTHORIZED OFFICER UNDER THE SARFAESI ACT AND CHIEF MANAGER, KAYAMKULAM, ALAPPUZHA DISTRICT. 688001.

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R1 BY ADV. SRI.A.ANTONY R1 BY ADV. SMT.LEELAMMA ANTONY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6857 of 2018 (F)

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APPENDIX

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PETITIONER(S)'	EXHIBIT	S
EXHIBIT P1	TRUE	COPY	OF	THE DEMAND NOTICE DATED 1.10.2016
EXHIBIT P2	TRUE 22.2.	COPY 2017	OF ISS	THE POSSESSION NOTICE DATED UED BY THE RESPONDENT BANK.
EXHIBIT P3	TRUE NO.43	COPY 08/20	OF 17	THE JUDGMENT DATED 3.3.2017 IN WPC
EXHIBIT P4	TRUE	COPY	OF	THE LETTER DATED 13.9.2017
EXHIBIT P5	TRUE COMMI	COPY SSION	OF ER	THE NOTICE ISSUED BY THE ADVOCATE DATED 16.2.2018

///TRUE COPY///

P.A. TO JUDGE

P.B.SURESH KUMAR, J.

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--------------------------------------------

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W.P.(C).No.6857 of 2018

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--------------------------------------------------------------Dated this the 4^th day of June, 2018

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J U D G M E N T

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Petitioner availed a loan from Federal Bank Ltd. (the bank). When he committed default, the security of the loan was taken possession by the bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act). The said proceedings was challenged by the petitioner along with another before this Court in W.P.(C).No.4308 of 2017 and the said writ petition was disposed of by this Court permitting the petitioner to pay the overdue in the loan account in instalments and directing the bank to regularise the loan, if the petitioner remits the overdue within the time stipulated in the judgment. It is conceded by the petitioner that the overdue in the loan account has not

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W.P.(c).No. 6857 of 2018

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: 2 :

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been liquidated by him as permitted by this Court in terms of the judgment in W.P.(C).No. 4308 of 2017. According to the petitioner, it is due to reasons beyond his control that he could not pay the overdue as permitted by this Court. The petitioner, therefore, seeks directions again in this matter for payment of the overdue in instalments and for regularisation of the loan.

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Heard the learned counsel for the petitioner as also the learned counsel for the bank.

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The prayer in the writ petition is virtually one for review of the judgment in W.P.(C).No. 4308 of 2017. A fresh writ petition cannot be filed seeking review of the judgment in an earlier writ petition.

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In the said view of the matter, the writ petition is not maintainable and the same is, accordingly, dismissed without prejudice to the right of the petitioner to file appropriate application for review of the judgment in W.P.(C).No.4308 of 2017, if so advised.

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Sd/- P.B.SURESH KUMAR JUDGE

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EB/04.06.2018

Abdul Satha Y. v. Federal Bank Ltd.

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Abdul Satha Y. v. Federal Bank Ltd.

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