The petitioner is before this Court challenging the coercive proceedings taken by the respondent Bank invoking the remedy under the SARFAESI Act for realization of the amount under a loan transaction. The prayers are in the following terms:
“(a) Call for the entire records leading upto Ext.P7 and quash the proceedings by issuing a writ of certiorari, or any other appropriate writ, order or direction.
(b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to permit the petitioner to clear the dues in 25 equal monthly instalments and till such time entire proceedings initiated as per SARFAESI proceedings including dispossession of the petitioner from his property etc may be kept in abeyance.
(c) Issue such other appropriate writs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.”
2. The learned counsel for the respondent Bank submits that, there is total suppression of facts in the writ petition in so far as the petitioner had earlier approached this Court by filing W.P.(C). No. 34885 of 2009, which was disposed of regularizing the loan account on satisfaction of overdue amount. The petitioner turned to be a defaulter again, when the Bank proceeded with SARFAESI proceedings. Then the petitioner W.P.C. No. 25893 of 2014 -2-
approached this Court by filing W.P.(C) No. 7499 of 2014, wherein the petitioner was directed to pay a sum of ₹1 lakh on or before 31.3.2014. The balance was ordered to be cleared by way of six equal monthly instalments. The petitioner did not satisfy the due amount availing the opportunity given, but continued to be a defaulter. It was in the said circumstance, that the Bank proceeded with further steps, which is sought to be challenged in this writ petition.
3. The learned counsel for the petitioner submits that, the counsel was not informed of the sequence of events and as to the finalization of the earlier writ petitions.
4. This Court does not find it as a fit case to call for interference. Interference is declined and the writ petition is dismissed with a cost of ₹10,000/- to be remitted to the Kerala State Mediation and Conciliation Centre within one month. The Registrar General is free to issue Certificate to the beneficiary for realisation of the cost, if the same is not satisfied on time.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-