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Pushpalatha K vs State Bank Of Travancore

High Court Of Kerala|08 October, 2014
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JUDGMENT / ORDER

Petitioner has approached this Court seeking for a direction not to initiate proceedings pursuant to Ext.P1. Ext.P1 is an application filed by the respondent Bank under Sec.14 of the SARFAESI Act before the Chief Judicial Magistrate. In fact, the petitioner had already filed WP(C) No.7190/2014 and by judgment dated 13.03.2014 this Court directed the petitioner to clear the outstanding liability by paying the amount in 6 equal monthly instalments. 2. When this Court has already passed an order granting sufficient opportunity to the petitioner to repay the outstanding liability, it is not possible for this Court to again intervene in the matter and issue orders. Petitioner was bound by the judgment in WP(C) No.7190/2014 and if she has not complied with the said facility granted by -2-
W.P.(C). No. 25273 of 2014 this Court, it shall be open for the Bank to proceed in accordance with law.
3. In the said circumstances, I do not think that the petitioner was entitled to file this Writ petition seeking further directions by way of instalment facility or to challenge Ext.P1.
Hence, this Writ petition is dismissed.
Sd/-
A.M. SHAFFIQUE JUDGE das
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Title

Pushpalatha K vs State Bank Of Travancore

Court

High Court Of Kerala

JudgmentDate
08 October, 2014
Judges
  • A M Shaffique
Advocates
  • Sri
  • V A Johnson