ANISATH P.V. Vs. AUTHORISED OFFICER HDFC LTD.

JUDGEMENT

(1.) This intra court appeal is filed challenging the judgment passed by a learned single Judge of this Court in W.P.(C) No.23821 of 2020 dated 05.11.2020, by which the writ petition was dismissed holding as follows:

(2.) Apparently, the appellant has approached this Court earlier, by filing W.P.(C) No.35817 of 2019, wherein the challenge was with respect to the coercive action taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short, the ' SARFAESI Act , 2002). Taking in account the facts and circumstances, writ court, by judgment 24.12.2019, disposed of the said writ petition, permitting the petitioner to repay the overdue, to the tune of Rs.19,23,228/-, in six equal monthly installments, the first of such installments to commence from 15.01.2020. It was made clear that if the petitioner makes payment of such installments, as indicated in the said judgment, regularly, along the normal equated monthly installments and future interest, the proceedings initiated by the respondents as per Exhibit-P1 would stand deferred. It was further made clear that if the petitioner has committed any default in payment of the installments, the respondents would be at liberty to proceed with the recovery.

(3.) The contention now putforth by the appellant is that though he could pay the five installments and substantial amounts were paid, the direction in the judgment dated 24.12.2019 passed in W.P.(C) No.35817 of 2019 could not be complied with in its entirety. However, in the impugned judgment, the learned single Judge, taking into account the facts and circumstances, found that the appellant is not entitled to any relief sought for in the writ petition, in view of violation of the conditions in the judgment dated 24.12.2019 in W.P.(C) No.35817 of 2019.