IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 26771 of 2011(V) ----------------------- PETITIONER : --------------------- ARADHAN, S/O.ARUMUDHAN PADINJATTAYIL, AGED 39, MOORKKINIKKARA PO, KOZHUPPILLY, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------- 1. THE FEDERAL BANK LTD., EAST FORT BRANCH, REP.BY ITS MANAGER, EAST FORT, THRISSUR DISTRICT, PIN 680 005. 2. THE AUTHORIZED OFFICER, THE FEDERAL BANK LTD., REGIONAL OFFICE, MISSION QUARTERS, THRISSUR DISTRICT, PIN 680 001. R1 & R2 BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26771 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE COMMUNICATION BY THE IST RESPONDENT DATED 18/8/2008. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 13/8/2008. EXHIBIT P3 A TRUE COPY OF THE BANK STATEMENT UP TO 12/9/2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn S.SIRI JAGAN, J. ================== W.P.(C).No. 26771 of 2011 ================== Dated this the 24th day of October, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by the respondents for recovery of loan amounts defaulted by the petitioner. On receipt of notice, counsel appears for the bank and submits that the petitioner had earlier filed W.P.(C).No.35098/2010 challenging the proceedings under the Act initiated in respect of the same loan, in which, this Court passed an order of stay with a condition that the petitioner shall pay ` 5 lakhs. Later the writ petition was dismissed for non-compliance of that condition, although liberty was given to the petitioner to approach the bank seeking payment of the amounts in a phased manner or seeking one time settlement by waiver of any amount to the possible extent. The said facts are not disputed by the petitioner. In the circumstances, I am not inclined to exercise my discretionary jurisdiction to entertain this writ petition for the same cause of action. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge - : 2 :-