Kerala High Court
Biju Alex V J vs The Authorized Officer on 2 April, 2025
WP(C) NO. 10080 OF 2025
1
2025:KER:28810
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:
WP(C) NO. 10080 OF 2025
2
2025:KER:28810
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 WP(C) NO. 10080 OF 2025 3 2025:KER:28810 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.