K.P.Madhusoodhanan v. Union Bank Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 27593 of 2015 (Y) ---------------------------- PETITIONER :

--------------------- K.P. MADHUSOODHANAN AGED 40 YEARS, S/O. NANU VAIDHYAR PROPRIETOR, M/S. POWER LINE ENGINEERING VARAM, RESIDING AT KUNJIPARAMBATH HOUSE KURIODE P.O., VENGAD, THALASSERY TALUK KANNUR DISTRICT.

BY ADV. SMT.M.CHANDRALEKHA RESPONDENT(S) :

---------------------------- 1.

UNION BANK OF INDIA CHOVVA BRANCH, WOSCO BUILDING CHOVVA P.O., KANNUR REPRESENTED BY THE CHIEF MANAGER UNION BANK OF INDIA, PIN - 670 006.

2.

UNION BANK OF INDIA CHOVVA BRANCH, WOSCO BUILDING CHOVVA P.O., KANNUR REPRESENTED BY ITS AUTHORIZED OFFICER SHRI. PRAKASH NARAYANA SHENOI, CHOVVA KANNUR - 670 006.

R1 & R2 BY ADV. SRI. A.S.P. KURUP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 27593 of 2015 (Y) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE ORDER IN CMP NO. 6755/2014 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY DATED 28/1/2015. EXT.P2 COPY OF NOTICE ISSUED TO THE PETITIONER BY ADVOCATE COMMISSIONER DATED 16/2/2015.

EXT.P3 COPY OF THE JUDGMENT IN WP(C) NO. 8112/2015 DATED 17/3/2015. EXT.P4 COPY OF BANK STATEMENTS DATED 3/7/2015 AND 7/7/2015. EXT.P5 COPY OF THE RECEIPT.

EXT.P6 COPY OF THE NOTICE ISSUED BY BANK DATED 11/8/2015. EXT.P7 COPY OF LETTER DATED 1/9/2015.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 27593 of 2015 ===================================================== Dated this the 11th day of September, 2015

JUDGMENT

The petitioner, who had availed a loan from the respondent bank, defaulted in repayment of the same. Consequently, the respondent bank initiated proceedings under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the 'SARFAESI Act', to recover the loan amounts. Ext.P6 is the sale notice issued to the petitioner under the SARFAESI Act. When the matter came up for admission, it was noticed that the petitioner had already approached this Court on an earlier occasion praying for the same relief. On that occasion, by Ext.P3 judgment, this Court had granted the petitioner the facility of repayment of the outstanding dues in installments. It is not in dispute that the petitioner did not comply with the directions of the said judgment. Under such circumstances, I do not think that the petitioner is entitled to any discretionary relief from this Court, under Article 226 of the Constitution of India. The writ petition fails and is accordingly, dismissed.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das