IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5281 of 2008(D)
1. S. NALINAKUMARI, W/O. S.MOHANKUMAR,
... Petitioner
Vs
1. THE FEDERAL BANK,
... Respondent
2. THE MANAGER,
3. THE AUTHORISED OFFICER,
4. THE MANAGER,
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :25/02/2008
O R D E R
ANTONY DOMINIC, J.
-------------------------------------------
W.P.(C).No.5281 of 2008
-------------------------------------------
Dated this the 25th day of February, 2008
JUDGMENT
The petitioner is a defaulter to the respondent bank. It is
stated that he had availed five loans. According to the
petitioner, she has identified purchaser for the properties
mortgaged for availing of three of the loans. But, the second
respondent informed that the documents would be handed over
only after the entire liabilities are settled. It is in this
background, the writ petition has been filed.
2. The petitioner is praying for a direction to the bank to
release the related documents once the individual liabilities are
discharged by the petitioner. I am not inclined to issue any
direction to the bank in this writ petition.
3. This is for the reason that when proceedings were
initiated against the petitioner under the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002, petitioner had approached this Court by filing
W.P.(C) No.36897/2007. That writ petition was disposed of by
Ext.P3 judgment dated 18th December, 2007. In the said
WPC.5281/2008 2
judgment, petitioner was directed to remit Rs.5 lakhs within 15
days and to pay the balance amount in four equal monthly
instalments, in the manner indicated there. It is the admitted
position that payment was not made. It is thereafter this writ
petition has been filed raising new contentions. In my view,
since the petitioner is not only a defaulter to the bank but also
defaulted in complying with Ext.P3 judgment of this Court and
hence she is not entitled to get any leniency from this Court.
The writ petition fails and dismissed.
ANTONY DOMINIC, JUDGE
csl