High CourtsSingle Bench(2022) 10 KL CK 0199

Ummer K vs Urban Co Operative Bank Ltd

High Court Of Kerala · Decided on 21 October 2022

HON’BLE JUDGES
Gopinath P, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 33475 Of 2022

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Judgment

5 paragraphs · 243 words

Gopinath P., J

1.

The petitioner is challenging proceedings initiated against the petitioner under the SARFAESI Act, 2002. It appears from the records that the petitioner has earlier approached this Court through W.P.(C.) No.9914/2019 which was disposed of by Ext.P3 judgment granting the petitioner benefit of repayment in installments. It is also clear from Ext.P3 judgment that this Court had clearly directed that if the petitioner does not comply the terms judgment, he will lose the benefit of the judgment; no further extension of time will be granted and also that the petitioner will be foreclosed from challenging proceedings initiated under the SARFAESI Act before any court or forum. It is clear that considering the nature of findings in Ext.P3 judgment, a fresh writ petition at the instance of the petitioner is not maintainable.

2.

Faced with this situation the learned counsel for the petitioner states that the writ petition may be disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P4 application for One Time Settlement within a time frame.

3.

Having regard to the limited nature of the relief sought for by the petitioner, it is not necessary to issue notice to the respondents.

The writ petition will stand disposed of directing the 1st respondent to consider and pass orders on Ext.P4 application for One Time Settlement within a period of one month from the date of receipt of a certified copy of this judgment.