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2025 Supreme(Online)(KER) 10588
HIGH COURT OF KERALA
GOPINATH P, J
BIJU ALEX V J – Appellant
Versus
THE AUTHORIZED OFFICER, STATE BANK OF INDIA – Respondent
WP(C) 10080/2025
Petitioner cannot file successive writ petitions on the same cause of action without compliance.
Headnote:In a challenge against proceedings under the SARFAESI Act, the court noted that the petitioner had previously filed a writ petition, which was disposed of, allowing a deferred payment arrangement. However, as the petitioner failed to comply with the payment directions and could not file successive petitions on the same issue, the court reaffirmed its previous judgment and dismissed the current writ petition.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 10080 OF 2025 PETITIONER:
BIJU ALEX V J, AGED 52 YEARS S/O E L JOSEPH,17/1238 A, VELASSERY HOUSE, MUNDAMVELI, KOCHI,ERNAKULAM, PIN - 682507 BY ADV M.R.SASITH RESPONDENTS:
1 THE AUTHORIZED OFFICER, STATE BANK OF INDIA,RACPC 2, SBT AVENUE, PANAMPILLY NAGAR,ERNAKULAM, PIN - 682036
2 STATE BANK OF INDIA, RACPC 2, SBT AVENUE,PANAMPILLY NAGAR,REPRESENTED BY ITS CHIEF MANAGER,ERNAKULAM, PIN - 682036
3 THE CHIEF MANAGER, STATE BANK OF INDIA,RACPC 2, SBT AVENUE,PANAMPILLY NAGAR,ERNAKULAM, PIN - 682036 OTHER PRESENT:
SMT. S.LAKSHMY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
This is the second Writ Petition at the instance of the petitioner challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act . The earlier Writ Petition filed by the petitioner as WP(c) No.36294/24 was disposed of on 02.12.2024 permitting the petitioner to pay off the then overdue amount of Rs.3,93,490/- in four equated monthly installments. The petitioner has not paid any amount pursuant to the directions contained in Ext.P1 judgment. The petitioner cannot maintain successive Writ Petitions on the same cause of action.
This Writ Petition fails and the same is accordingly dismissed.
sd/-
GOPINATH P.
JUDGE Nsd APPENDIX OF WP(C) 10080/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE JUDGEMENT IN WP(C)NO.36294/2024 DATED 02.12.2024 PASSED BY THE HON’BLE COURT.
Exhibit-P2 THE TRUE COPY OF THE POSSESSION NOTICE DATED
01.01.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
