K.M. Joseph, J C.M.Appl. 403 of 2014 in W.A. No. 754 of 2014 Heard learned counsel appearing for the petitioner and the learned counsel for the respondent. In the circumstances of the case, delay of 24 days will stand condoned. W.A.No.754 of 2014 We took up the case itself for admission. It is a case where the petitioner had availed a loan from the respondent and that he did not repay the amount. Proceedings were taken under the SARFAESI Act. The petitioner has approached this court.
2. Learned Single Judge noted that the petitioner had approached this court earlier by filing Writ Petition No.20889 of 2013, which was disposed of by judgment dated 4.9.2013. Under the said judgment, the petitioner was permitted to clear the entire liability in a phased manner and that the petitioner has not made W.A.754/14 2 use of the opportunity given to him to satisfy the liability by way of installments. The petitioner had suppressed the said development from the court. Taking note of the same, the petitioner was imposed cost of ₹.5,000/-. Aggrieved by the same, the appellant is before us.
3. The only contention taken up by learned counsel for the petitioner was that the earlier writ petition was filed at the stage when proceedings were taken under section 13(2) of the Act and the present writ petition is filed when possession was going to be taken on the basis of the order. The fact remains that the obtaining of relief in the earlier writ petition would appear to be a material fact and in view of the suppression of the same, learned Single Judge has not exercised jurisdiction in favour of the petitioner. We see no reason to take a different view. The appeal is dismissed.
Sou.
Sd/-
K. M. JOSEPH, JUDGE Sd/-
K. ABRAHAM MATHEW, JUDGE.
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