WP(C)/13124/2025 of SNEHA JYOTHI K Vs PUNJAB NATIONAL BANK on 28 March 2025

JUDGMENT

This is the third round of litigation at the instance of the petitioner before this Court. The second writ petition filed by the petitioner as W.P.(C) No. 45933 of 2024 was dismissed by this Court dated 28.01.2025, holding as follows:- ‘’2. Considering the fact that the major portion of the liability arises out of a housing loan and taking into account the submissions of the learned counsel for the petitioner, this Court on 20-12-2024 passed the following order: “Admit. Adv. C Ajithkumar takes notice for the respondents. Sale of the properties of the petitioner scheduled to be held on 30.12.2024 shall not be confirmed for a period of one month on condition that the petitioner remits a sum of Rs.5,00,000/- (Rupees Five lakhs only) towards the loan liability on or before 29.12.2024. Post on 15.01.2025”. The above order was passed also noticing the contention of the learned counsel for the respondent bank that this was the second round of litigation at the instance of the petitioner. Thereafter, this matter was listed before this Court on 15-01-2025, on which date it was adjourned and has been listed today. Even today, it is the submission of the learned counsel appearing for the respondent bank that no amount has been paid by the petitioner.

3. This Court exercises very limited jurisdiction in matters arising under the SARFAESI Act, and where borrowers have not proved bona fides, this Court cannot grant any relief. It is clear from the facts of the case, as narrated above, that the petitioner has not demonstrated bona fides, and therefore, the petitioner is not entitled to any relief in this writ petition.’’

2. In the light of the findings in the judgment dated 28.01.2025 in W.P.(C) No.45933 of 2024, this writ petition is clearly not maintainable. The writ petition fails and it is accordingly dismissed in limine. Sd/- GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 13124/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SANCTION LETTER OF THE UNITED HOUSING LOAN SCHEME OF UNITED BANK OF INDIA WITH REFERENCE NO: BM/PLL/ADV/UHL/19/2015 DATED 28.09.2015 Exhibit P2 THE TRUE COPY OF THE SANCTION LETTER OF THE UNITED HOUSING LOAN SCHEME OF UNITED BANK OF INDIA WITH REFERENCE NO: BM/PLL/ADV/UHL/68/2017 DATED 17.03.2017 Exhibit P3 A TRUE COPY OF THE ORDER IN WP(C) NO. 41556 OF 2024 DATED 25.11.2024 ISSUED BY THE HONOURABLE HIGH COURT OF KERALA Exhibit P4 A TRUE COPY OF THE NOTICE DATED 13.08.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P5 THE TRUE COPY OF THE LETTER DATED 21.08.2024 SENT BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P6 THE TRUE COPY OF THE E-AUCTION SALE NOTICE FOR THE SALE OF THE PROPERTY OF THE PETITIONERS DATED 16.10.2024 Exhibit P7 A TRUE COPY OF THE REQUEST FOR ONE-TIME SETTLEMENT PROVIDED BY THE PETITIONER TO THE RESPONDENT BANK DATED 17.03.2025 Exhibit P8 A TRUE COPY OF THE E-AUCTION SALE NOTICE SCHEDULED TO BE DONE AT 28.03.2025 ISSUED BY THE RESPONDENT BANK DATED 10.03.2025 Exhibit P9 A TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN W.P.(C) NO. 45933 OF 2024 DATED 28.01.2025