RP/389/2025 of ABOOBAKKAR C Vs THE AUTHORIZED OFFICER on 4 April 2025

ORDER

This review petition has been filed seeking review of the judgment of this Court in WP(C)No.4990/2025 dismissing the writ petition on the ground that since the review petitioner/writ petitioner had not remitted any amount pursuant to the earlier judgment dated 09-08-2024 in WP(C)No.23345/2024, the petitioner is not entitled to any further relief from this Court under Article 226 of the Constitution of India in a writ petition challenging proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

2. The learned counsel appearing for the petitioner submits that pursuant to the order dated 27-03-2025 in this review petition, the petitioner remitted a sum of Rs.5,00,000/- (Rupees Five Lakhs Only).

3. The learned counsel appearing for the respondent bank confirms that an amount of Rs.5,00,000/- has been remitted by the petitioner.

4. The learned counsel appearing for the petitioner submits that the petitioner may be permitted to clear the balance liability in some instalments.

5. The learned counsel appearing for the respondent bank submits that since it is a cash credit facility, the loan account cannot be regularized, and the bank has no objection in some limited instalments being granted to the petitioner to clear the balance liability. It is submitted that since WP(C)No.4990/2025 was the second round of litigation at the instance of the petitioner, the number of instalments may be limited. It is submitted that the outstanding liability, as on 04-04-2025, is Rs.30,19,419/-.

6. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount in eight (08) installments.

5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.30,19,419/- along with any accrued interest, cost and bank charges from the petitioner in the following manner:

(i) The petitioner shall pay the outstanding amount of Rs.30,19,419/- together with any accrued interest, cost and bank charges in eight (08) equated monthly installments;

(ii) The first installment shall be paid on or before 30-04-2025. The subsequent installments shall be paid on or before the last working day of the succeeding months;

(iii) In the event of default of any one installment, the respondent bank shall be entitled to proceed in accordance with the law;

(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance. The review petition is disposed of as above.

Sd/- GOPINATH P. JUDGE ats

APPENDIX OF RP 389/2025 PETITIONER’S ANNEXURES Annexure A1 TRUE COPY OF THE PAYMENT RECEIPT OF RS. 2,00,000/- DATED 13/02/2025.