Kerala High Court
WP(C)/13126/2025 of SREEMOJ K.S Vs STATE BANK OF INDIA on 28 March 2025
WP(C) NO. 13126 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 13126 OF 2025 AGAINST THEIN WP(C) NO.2544 OF 2025 OF HIGH COURT OF KERALA PETITIONER/S: SREEMOJ K.S, AGED 44
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
WP(C) NO. 13126 OF 2025
AGAINST THEIN WP(C) NO.2544 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/S:
SREEMOJ K.S, AGED 44 YEARS
S/O SREEDHARAN.K, PAYERIKOYYALIL HOUSE, KARAKANDY, KUPPADI P.O, SULTHAN BATHERY, WAYANAD, PIN - 673592
BY ADVS.
PRASANTH K.T.
RAJESH KUMAR R.
RESPONDENT/S:
STATE BANK OF INDIA
REPRESENTED BY ITS AUTHORIZED OFFICER, SARB II, I ST FLOOR, RS BUILDING, OPP. MAHARAJA'S COLLEGE
GROUND, METRO PILLAR NO.697, M.G.ROAD,
ERNAKULAM DISTRICT, PIN - 682011
SMT.BINDUMOL JOSEPH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This is the second writ petition at the instance of the petitioner, challenging the proceedings initiated against the petitioner under the provisions of the SARFAESI Act .
2. The earlier writ petition filed by the petitioner as W.P. (C) No.2544 of 2025 was disposed of on 22.01.2025, permitting the petitioner to pay off the then outstanding amount in twelve equal monthly instalments. The petitioner did not pay any amount pursuant to the directions contained in the judgment dated 22.01.2025 in W.P.(C) No.2544 of 2025. The petitioner has now approached this Court seeking consideration of Exhibit P2 request filed by the petitioner for One Time Settlement.
3. Learned counsel appearing for the respondent bank submits that the bank has no One Time Settlement Scheme presently.
4. 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 cannot maintain this second writ petition even if it is for a relief not sought for in the earlier writ petition. This writ petition is clearly hit by the
principle of ‘omission to sue’. The writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 13126/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P (C) NO. 2544/2025 DATED 22.01.2025 Exhibit P2 THE TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE RESPONDENT BANK ON 07.03.2025