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Judgment
None appears for the petitioners when the matter was called today and then taken up for hearing after passing over the case.
The petitioners' contention is against the sale scheduled of the property by Ext.P4 on 24.02.2017.
The writ petition itself was filed on 20.02.2017. On 21.02.2017, considering the fact that the sale was posted on the very next day and also taking into account the undertaking of the petitioners that the petitioners would pay an amount of Rs.25 lakhs on or before 01.03.2017, the sale scheduled on 24.02.2017 was adjourned to 10.03.2017, to facilitate compliance of the undertaking. There was also a submission made of a One Time Settlement (OTS) scheme and this Court had been careful enough to direct that, if at all, OTS fructifies, the substantial amount paid as per the undertaking would be considered as amounts paid under the OTS. The petitioners did not comply with the undertaking and when the matter was posted on 03.03.2017, again an undertaking was made that the amounts would be paid on or before 09.03.2017, since this Court had adjourned the sale to 10.03.2017. The petitioners failed to comply with that order also and adjournment was sought for and granted on 16.03.2017, 17.03.2017 and 21.03.2017 for compliance of the undertaking. The petitioners have not paid the amounts nor are the petitioners represented by any Counsel when the matter was taken up.
The learned Counsel for the respondent Bank also submits that earlier the petitioners had approached this
Court, in which Ext.P2 order was passed. In Ext.P2 the overdue amount, in respect of five term loans, was directed to be paid with accrued interest in twelve equal and successive monthly instalments, commencing from 20.02.2016. There were no payments made and after the instalment period was over, the petitioners filed a Writ Appeal, which was rejected as per Ext.P3.
Again, when sale proceedings were initiated, specifically as per the default clause in Ext.P2, the petitioner had filed the above writ petition and has successfully seen to it that the sale is adjourned without paying any amounts.
Considering the entire circumstances, this Court is of the opinion that the petitioner has clearly abused the process of this Court and in such circumstance, the writ petition would be dismissed with exemplary cost of Rs.25,000/- to the Kerala High Court Advocates' Welfare Fund Trust, which shall be recovered by the Bank along with the other dues and deposited to the Kerala High Court Advocates' Welfare Fund Trust.
Issue a copy of this judgment to the Kerala High Court Advocates' Welfare Fund Trust.