Petitioner has approached this Court seeking for restoring possession of the property taken over by the respondent bank by invoking provisions under Section 13(4) of the SARFAESI Act. According to the learned counsel for the petitioner, he is ready and willing to pay the amount due to the bank, provided sufficient facility is granted to pay back the amount in instalments. In fact, the petitioner had approached this Court earlier by filing W.P.C.No.1838/2013 and this Court had granted instalment facilities to repay the entire amount due to the bank. Instead of complying with the said directions, another writ petition was filed by the petitioner as W.P.C.No.28751/2013 to modify the terms of repayment, which came to be dismissed.
2. It is submitted by the learned Standing Counsel appearing for the respondents that a review petition was filed by the petitioner in W.P.C.No.1838/2013 and the same was also dismissed.
3. Under these circumstances, since the petitioner had already obtained the benefit of discretionary orders passed by this Court and having not complied with the same, it is not open for him to approach this Court again seeking further instalment facilities. It is open for the bank to proceed against the petitioner in accordance with law. However, disposal of this writ petition shall not preclude the petitioner from approaching the bank for any further relief in this regard.
With these observations, this writ petition is dismissed.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr