Litigants must present all claims in one proceeding to uphold judicial efficiency and avoid res judicata principles, preventing piecemeal litigation.

JUDGMENT

Anil K. Narendran, J.

The appellant filed W.P.(C) No.12344 of 2025, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of certiorari to quash Ext.P1 sale notice dated 07.03.2025 issued by the 2^nd respondent Special Sale Officer of the 1^st respondent Kanjirappally Service Co-operative Bank Ltd., which is a Co-operative Society; and a writ of mandamus commanding the respondents to grant a six month time to clear the alleged debt due to the 1^st respondent Co- operative Society under Ext.P1 sale notice. The document marked as Ext.P2 is a copy of the objection dated 19.03.2025 made by the petitioner to Ext.P1 sale notice.

2. The appellant-petitioner is the respondent in E.P.No.452 of 2023 on the file of the 2^nd respondent Special Sale Officer. The said execution petition was filed by the 1^st respondent Co-operative Society for executing the award passed by the 2^nd respondent, as the Arbitrator, in A.R.C.No.238 of 2021.

3. The appellant-petitioner had earlier approached this Court in W.P.(C)No.12671 of 2024, seeking a writ of mandamus commanding respondents 1 to 4 herein to stop all further proceedings pursuant to Ext.P5 notice dated 27.11.2023 issued by the 2^nd respondent Special Sale Officer and Ext.P6 attachment notice dated 30.12.2023; and a writ of mandamus commanding respondents 1 to 4 herein to grant interest waiver, in accordance with the directions of the Apex Court, and circulars issued by the Reserve Bank of India and the Central Government, and allow him to remit the due amount in installments.

4. W.P.(C)No.12671 of 2024 was disposed of by Ext.P3 judgment dated 18.06.2024, granting liberty to the petitioner to pay Rs.42,86,034/- as on 11.06.2024, along with all applicable charges and interest, in 20 equal monthly installments, commencing from 30.07.2024. In Ext.P3 judgment, it was made clear that if the petitioner defaults payment of two installments, as ordered above, further action pursuant thereto can be taken, without obtaining further orders from this Court. Ext.P3 judgment dated 18.06.2024 of the learned Single Judge reads thus;

“When this matter was called today, the learned counsel for the respondent-Bank submitted that, the total outstanding in the loan account of the petitioner, as on 11.06.2024, is Rs.42,86,034/-; and that if he is willing to pay the same in not more than 20 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.

2. Sri. C.P. Udayabhanu-learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.

3. In the afore circumstances, I allow this writ petition, granting liberty to the petitioner to pay Rs.42,86,034/- as on 11.06.2024, along with all applicable charges and interest, in 20 equal monthly installments, commencing from 30.07.2024.

Needless to say, if the petitioner continues to pay as afore, all recovery action against the petitioner will stand deferred; but if he defaults payment of two installments as ordered above, further action pursuant thereto can be taken forward, without having to obtain further orders from this Court.” (underline supplied)

5. Going by the averments in paragraph 4 of the statement of facts in W.P.(C)No.12344 of 2025, pursuant to Ext.P3 judgment dated 18.06.2024 in W.P.(C)No.12671 of 2024, the petitioner remitted only an amount of Rs.5,25,000