JUDGMENT

S. MANIKUMAR,CJ.

Being aggrieved by the judgment dated 19.02.2021 in W.P.(C)

No. 4406 of 2021, instant writ appeal is filed.

2. Facts leading to the writ petition are as follows:

The appellant/writ petitioner has availed two loans from the respondent Bank for Rs. 50,00,000/- and Rs.3,30,408/- as loan account Nos. 630119786 and 630784162 respectively. Due to default in making payments, respondent Bank initiated proceedings under the SARFAESI Act. Thereafter, he submitted a representation expressing his readiness to pay off the outstanding amount in 12 equal monthly instalments and to continue to pay the future EMI regularly. However, the writ petitioner was not issued with any notice under Section 13(2) of the SARFAESI Act, 2002. But, later, he came to know about the application preferred by the Authorized Officer of the Bank only when he received copy of order dated 18.11.2019 passed by the learned Chief Judicial Magistrate, Thiruvananthapuram through Whats app message sent by the Bank to the appellant/writ petitioner, on

29.11.2019.

3. Aggrieved by the proceedings initiated by the respondents under the SARFESI Act, 2002, he has filed W.P.(C) No. 34584 of 2020 before this Court. Writ Court, as per Ext. P5 judgment, directed him to pay the outstanding amount in instalments for regularising the loan account. But, the petitioner could not comply with the directions in the judgment on account of the pandemic situation which arose due to pandemic Covid-19.

4. According to the appellant, despite Exts.P6 to P11 orders of a Full Bench of this Court staying the coercive proceedings for recovery of debts by the Banks and other financial institutions, Ext.P12 order was issued by the Advocate Commissioner informing the appellant that the Commissioner will be reaching the spot for the execution of the order of the learned Chief Judicial Magistrate on 25.02.2021. Thereafter, the appellant submitted Ext.P13 representation dated 28.10.2020 through his power of attorney holder. Aggrieved by Ext.P12 notice, W.P.(C) No. 4406 of 2021 has been filed seeking the following reliefs:

1. Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext. P12 notice issued by the Advocate Commissioner and quash Ext. P12.

2. Issue a writ of mandamus or any other appropriate writ, order or direction restraining the respondents from taking any coercive proceedings against the petitioner in respect of loan account Nos.

630119786 and 630784162 covered by Exts. P3 and P4.

3. Issue a writ of mandamus or any other appropriate writ or order directing the respondents to consider Ext. P13 representation to re-structure and regularize the loan as per law and prevailing banking regulations applicable to HDFC Limited with a lenient view.

5. Writ court, after hearing the learned counsel on both sides, held as follows:

“4. I have considered the submissions so advanced and perused the materials placed before me. In fact the fate of the petitioner is sealed by the judgment of this Court in W.P.(C) No.34584 of 2019. This Court, in the case of the petitioner, has categorically held that in case the directions given by the Court in favour of the petitioner for regularising his loan account are not complied by the petitioner, then the petitioner will have to give up all his contentions that were otherwise available to him, to be raised in appropriate proceedings before competent forum. Undisputedly, the petitioner has not complained the earlier judgment passed by this Court which was in fact in his favour. Subsequently also there was no attempt on the part of the petitioner to regularise his loan account except representation at Ext.P13 and few payments made in the light of that representation. The total arrears reported by the learned Standing Counsel appearing for respondents as on date is Rs.19,74,088/-. That is how respondents have proceeded under the SARFAESI Act and issued notice for recalling the loan. This has culminated i