WP(C)/11739/2025 of SULAIKHA SADIKK, Vs KERALA BANK LTD. on 2 April 2025

JUDGMENT

The petitioner has approached this Court challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act for recovery of amounts due under the several credit facilities availed by the petitioner along with her son from the respondent Bank.

2. The learned counsel appearing for the petitioner submits that the petitioner has paid a sum of Rs.5,00,000/- towards the loan liability after filing of this writ petition. It is submitted that the petitioner may be permitted to pay off the balance liability in some installments.

3. The learned counsel appearing for the respondent bank vehemently opposes the grant of any relief to the petitioner. It is submitted that this is the fourth round of litigation at the instance of the petitioner, on the petitioner’s own showing, regarding the same 2025:KER:28309 W.P.(C)No.11739 of 2025

loans which are the subject matter of the present proceedings.

4. It is submitted that when a conditional interim order was granted by this Court, the petitioner/her son had failed to comply with the condition and thereafter the writ petitions were dismissed as withdrawn. It is submitted that even after giving credit to the amount paid by the petitioner after filing of this writ petition, the total outstanding liability is an excess of Rs.95 lakhs. It is submitted that the bank is therefore not ready to extend any further indulgence to the petitioner and the bank may be permitted to continue with the proceedings initiated under the SARFAESI Act. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, I am of the view that the petitioner/her son cannot be permitted to conduct successive litigations before this Court regarding the same subject matter. Relief can be granted to the petitioner only if the respondent bank were to concede for any further order for repayment in installments. In the light of the fact that the respondent bank is not 2025:KER:28309 W.P.(C)No.11739 of 2025

willing to extend any further indulgence to the petitioner, I am of the view that this Court cannot grant any further relief to the petitioner. The writ petition fails and it is accordingly dismissed.

Sd/-

GOPINATH P. JUDGE Scl/

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APPENDIX OF WP(C) 11739/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE OF THE THEN AUTHORIZED OFFICER OF THE IDUKKI DISTRICT CO-OPERATIVE BANK WITH RESPECT TO LOAN NO.120016004820004 DATED 20.12.2017 ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE OF THE THEN AUTHORIZED OFFICER OF THE IDUKKI DISTRICT CO-OPERATIVE BANK WITH RESPECT TO LOAN NO. 120016004820020 DATED 07.09.2017 ISSUED TO THE PETITIONER Exhibit P3 TRUE COPY OF THE NOTICE OF THE AUTHORIZED OFFICER OF THEN IDUKKI DISTRICT CO-OPERATIVE BANK DATED 20.12.2017 Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN W.P.(C) NO.666/2018 DATED 10.01.2018 Exhibit P5 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT BEARING NO. 12895 DATED 16.11.2023 Exhibit P6 TRUE COPY OF THE NOTICE OF THE 2" RESPONDENT BEARING NO. 12896 DATED 16.11.2023 Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 29.06.2024 FOR RS.3,00,000/- Exhibit P8 TRUE COPY OF THE RECEIPT ISSUED BY THE

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3RD RESPONDENT DATED 29.01.2025 FOR RS.2,50,000/- Exhibit P9 TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER DATED 12.01.2024