The petitioner's failure to comply with installment payment directions led to dismissal of the writ petition, as remedies lie within pending proceedings.

The petitioner availed loan of ₹2,54,26,883/- from the respondent Bank and a second top-up loan of ₹41,49,831/-. Upon default in repayment, the respondent initiated proceedings under the SARFAESI Act by issuing notice under Section 13(2), and a possession notice was subsequently issued by the Advocate Commissioner.

2. The petitioner had earlier approached this Court by filing W.P.(C)No.21250/2022, and by Ext.P1 judgment, this Court permitted the petitioner to remit ₹10,00,000/- on or before 06.07.2022, and the balance overdue amount in six monthly installments. Though the petitioner has paid some amount, the directions were not fully complied with. The petitioner has also filed S.A.No.227/2022 challenging the earlier possession notice. On account of non-payment as per Ext.P1, a fresh notice was issued by the Advocate Commissioner as Ext.P2 for taking physical possession on 26.02.2026.

3. The learned counsel for the respondent submits that the petitioner suppressed the fact of filing of S.A.No.227/2022 in the present writ petition and therefore, no indulgence can be granted. Moreover, the petitioner was already granted an opportunity to pay the amounts in installments, which has not been honoured. Therefore, the respondent's counsel prays that this writ petition be dismissed.

4. The fact that S.A.No.227/2022 is pending is not disputed. The petitioner ought to have challenged Ext.P2 before the DRT, instead of approaching this Court. The counsel for the respondent further submits that the outstanding amount is ₹5,91,82,185/-. In such circumstances, I am not inclined to entertain this writ petition, and the petitioner is at liberty to raise all contentions in the pending S.A.No.227/2022.

Accordingly, the writ petition is dismissed.

Sd/-