A second special leave petition is not maintainable after the first is withdrawn without permission to re-approach the court.

JUDGMENT :

DIPANKAR DATTA, J.

1. Appellant, Satheesh V.K., is a borrower within the meaning of section 2(f) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002¹[SARFAESI Act]. Undisputedly, the appellant obtained financial assistance from the respondent-Federal Bank, a secured creditor within the meaning of section 2(zd) of the SARFAESI Act, by creating equitable mortgage over properties situated in Kozhikode. However, the appellant having defaulted in his obligation to repay the loan, the respondent classified the loan account as ‘Non-Performing Asset’ (NPA) and initiated measures under section 13(4) of the SARFAESI Act.

2. Aggrieved by the action taken by the respondent, the appellant invoked the jurisdiction of the High Court of Kerala at Ernakulam under Article 226 of the Constitution by presenting a writ petition²[Writ Petition (C) No.33280 of 2024]. According to the respondent, the total outstanding amount was Rs.7,77,41,321/-. The order dated 1st October, 2024 passed by the High Court disposing of the writ petition required the appellant to pay Rs.2,00,00,000/- on or before 30th October, 2024 and the remaining amount along with future interest in 12 (twelve) equal monthly instalments. The first instalment was to be paid on or before 15th November, 2024 and the remaining eleven (11) instalments were to be paid on or before 15th day of each succeeding month. The impugned order further directed that in case of failure to make payment of Rs.2,00,00,000/- or any of the subsequent instalments, as directed, the respondent would be free to proceed against the appellant under the SARFAESI Act for realisation of the dues in accordance with law. Appellant was also granted liberty to approach the respondent for one time settlement after making payment of the initial sum of Rs.2,00,00,000/- on or before 30th October, 2024.

3. The order dated 1st October, 2024 was challenged by the appellant in a special leave petition³[Special Leave Petition (C) No.28259/2024] before this Court. Order dated 28th November, 2024 recorded on the said special leave petition by a co- ordinate Bench reads as follows:

ORDER

1. After arguing for some time and on our expressing reservation in entertaining the present petition, the learned senior counsel for the petitioner seeks permission to withdraw the present petition.

2. Permission to withdraw is granted.

3. The Special Leave Petition is dismissed as withdrawn.

4. Having been permitted to withdraw the special leave petition, the appellant next approached the High Court with a petition⁴[RP No.1294 of 2024] seeking review of the order dated 1st October, 2024. Such petition came to be dismissed vide order dated 5th December, 2024.

5. Consequent upon such dismissal, these two civil appeals were presented by the appellant before this Court on 12th December, 2024. The appeal⁵[Civil Appeal No.11752/2025] registered prior in point of time is directed against the order dated 1st October, 2024 of disposal of the appellant’s writ petition, whereas the one⁶[Civil Appeal No.11753/2025] subsequently registered is directed against the dismissal of the review petition.

6. The alacrity with which the appellant moved from court to court between 1st October, 2024 (date of disposal of his writ petition) and 12th December, 2024 (date of presenting the special leave petitions before this Court giving rise to these appeals) without showing semblance of an inclination to repay the dues of the respondent and to buy time by resorting to technicalities ar