IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
AMBILI S. – Appellant
Versus
CANARA BANK – Respondent
JUDGMENT
The prayer sought for in this Writ Petition is to regularize the petitioner's loan account, and to permit the petitioner to pay off the amount due in instalments.
2. It was pointed out by the learned counsel for the respondent that the petitioner had approached this Court earlier, seeking the self-same relief, which was allowed vide Ext.P2 judgment. However, the petitioner could not effect payment by instalments, as granted in Ext.P2 judgment. This Court notice that the powers under Article 226 of the Constitution of India cannot be extended, except in extraordinary circumstances, in cases where action in terms of the SARFAESI Act is taken, especially when there is no illegality, as such, pointed out against such action. When the petitioner has already been afforded with a relief by granting sufficient number of instalments vide Ext.P2 judgment, this Court is of the opinion that the instant Writ Petition is not liable to be considered again.
In the circumstances, the Writ Petition (Civil) will stand dismissed.
Sd/-
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