IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 WP(C).No. 12328 of 2009(I) -------------------------- CMP.737/2009 of CHIEF JUDL. MAGISTRATE COURT,TRIVANDRUM .................... PETITIONER(S): --------------- A.KABEER,MELATHEL PUTHAN VEEDU, OOMANPALLIKARA,KILIMANNOOR DISTRICT, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR. N.R.SURESH KUMAR RESPONDENTS: --------------- 1. THE AUTHORISED OFFICER,SYNDICATE BANK, RECOVERY CELL,REGIONAL OFFICE, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, SYNDICATE BANK, ATTINGAL BRANCH, THIRUVANANTHAPURAM. ADV. MR. R.S. KALKURA, SC, SYNDICATE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------------------- W.P(C).No. 12328 OF 2009 -------------------------------------------------- Dated this the 15th day of April, 2009 J U D G M E N T The petitioner challenges proceedings under the SARFAESI Act. He seeks time to pay the amounts due. The learned counsel for the respondent points out that the petitioner had earlier filed a writ petition namely, WP(C).35545 of 2008 for the same reliefs in which, this Court had granted instalment facility to the petitioner and the petitioner has filed this writ petition without complying with the direction in that judgment and without disclosing the fact that he has filed an earlier writ petition for the same reliefs. Learned counsel also points out that the petitioner filed a petition seeking extension of time to pay the first instalment also, which was granted in spite of which no amounts were paid. The counsel for the petitioner could not dispute the said facts. The counsel for the respondents has also supplied a copy of the judgment in that writ petition. 2. After hearing the both sides I am satisfied that in view of the conduct of the petitioner in suppressing material facts WP(C).12328/09 2 from this Court, the petitioner is not entitled to any further indulgence in the matter. Writ petition is accordingly dismissed. S. SIRI JAGAN, JUDGE okb