IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 24154 of 2009(L) -------------------------- PETITIONERS: --------------- 1. C.N.VIJAYAN, CHERUKUNNEL HOUSE, KALAMKULAM, VADAKKANCHERRY, PALAKKAD DISTRICT. 2. C.N.THANKAPPAN, CHERUKUNNEL HOUSE, KALAMKULAM, VADAKKANCHERRY, PALAKKAD DISTRICT. BY ADV. MR. K.B.GANGESH MS. SMITHA CHATHANARAMBATH RESPONDENTS: --------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD., REP. BY ITS GENERAL MANAGER, REGIONAL OFFICE, DORAISWAMY ROAD, KOCHI-35. 2. AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, DORAISWAMY ROAD, KOCHI-35. ADV. MR. NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 24154 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 25th day of August, 2009 JUDGMENT The petitioners are challenging the steps taken by the respondent Bank invoking the power under the SARFAESI Act, for realization of the due amount under the loan transaction. It is the case of the petitioners that, the first petitioner had availed a loan of Rs.1.5 lakhs, for which, the second petitioner stood as a guarantor. But the amount due was not repaid on time, which compelled the Bank to proceed with appropriate steps, when same was sought to be intercepted on an earlier occasion by filing W.P. (C) 21930 of 2008, leading to Ext.P1 judgment. 2. As borne by Ext.P1, this Court observed that, there was absolutely no jurisdictional error or legal infirmity in the impugned proceedings. However, showing much indulgence, this Court permitted the petitioner to clear the liability by way of installments. 3. The learned counsel for the respondent Bank submits on instructions that, the benefit extended by this Court vide Ext.P1 judgment was not utilized by the petitioners, who did not choose to effect any payment as ordered in accordance with stipulations therein, but for effecting some paltry payments. The petitioners have approached this Court now with a fresh Writ Petition challenging the WP (C) No. 24154 of 2009 : 2 : auction scheduled on 9.9.2009 on some set of grounds and to have further opportunity to clear the liability by way of installments. 4. Obviously the matter stands covered by Ext. P1 judgment; which cannot be widened in any manner. No interference is called for. The Writ Petition fails and it is dismissed accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd