IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 23580 of 2008(F) -------------------------- PETITIONER: ------------ PUTHIYANDI RUKHIYABI, AGED 61 YEARS, W/O.AHMEDKUTTY, FOUZIA MANZIL, URUVACHAL, KANNUR DISTRICT. BY ADV. SRI.KISHOR B. RESPONDENT: ------------- THE VIJAYA BANK, FORT ROAD, KANNUR-1, REPRESENTED BY ITS MANAGER. BY SHRI.K.ANAND, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.23580 of 2008 ================== Dated this the 6th day of August, 2008 J U D G M E N T The petitioner is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by the respondent against her. But I find that in respect of the same cause of action the petitioner had earlier approached this Court by filing W.P(C).No. 28799/2007 in which, by Ext.P1 judgment, the petitioner was permitted to discharge the liability to the bank in five equal monthly instalments payable as per the directions in that judgment. The petitioner now submits that although she had paid Rs.11,31,869/- on 4.10.2007, the bank is demanding further amounts as due for payment, for paying which the petitioner seeks two more months' time. I am of opinion that since the petitioner has already suffered Ext.P1 judgment for discharging the entire liability to the bank, if the petitioner wants still further time for payment of balance amount, she has to seek that relief by filing an appropriate petition in that writ petition itself. Therefore, without prejudice to such right of the petitioner, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2