IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 17791 of 2011(Y) ---------------------------------- APPL..1462/2011 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ------------------- 1. RAVINDRAN.K.G, KADAICKAL HOUSE, VELIYANADU.P.O, ERNAKULAM DISTRICT. 2. RANJITH.R, KADAICKAL HOUSE, VELIYANADU.P.O, ERNAKULAM DISTRICT. BY ADVS. SRI.JOMY GEORGE SRI.SEBASTIAN THOMAS SRI.P.REJINARK RESPONDENT(S): -------------------- 1. BANK OF BARODA, 28/94, PANAMBILLY NAGAR, KOCHI-682 015, REPRESENTED BY ITS CHIEF MANAGER. 2. AUTHORISED OFFICER, BANK OF BARODA, 28/94, PANAMBILLY NAGAR, KOCHI - 682 015. BY ADV. SRI.PMM.NAJEEB KHAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 17791/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DATED 30/08/2008 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS. P2: COPY OF THE NOTICE DATED 17/01/2008 ISSUED BY THE 2ND RESPONDENT DIRECTING THE PETITIONER. P3: COPY OF THE LETTER DATED 24/01/2009 ISSUED FROM THE SENIOR MANAGER OF THE 1ST RESPONDENT TO THE PETITIONERS. P4: COPY OF THE PETITION DATED 05/04/2011 FILED BY THE 1ST RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT. ERNAKULAM. P5: COPY OF THE PROCEEDINGS OF THE ADVOCATE COMMISSIONER. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs S.SIRI JAGAN, J. ================== W.P.(C).No. 17791 of 2011 ================== Dated this the 28th day of July, 2011 J U D G M E N T The petitioners challenge proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by the respondents for recovery of the loan amounts due from the petitioners. This Court passed an interim order on 1.7.2011 directing the petitioners to pay an amount of ` 1 lakh within two weeks. Admittedly that amount has not been paid. The learned standing counsel for the respondents points out that the petitioners had earlier filed W.P.(C). No.7415/2008, in which also, they had obtained a conditional order for payment of the amounts in monthly instalments, which also, they did not comply with and therefore, this Court, by judgment 25.11.2008, dismissed that writ petition. In view of the fact that the petitioners earlier filed a writ petition, which was dismissed, I do not think that the petitioners can file another writ petition on the same cause of action again. In the above circumstances, this writ petition is not maintainable. Accordingly, this writ petition is dismissed. Interlocutory application stands closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge