JOSE JACOB Vs. AUTHORISED OFFICER CUM CHIEF MANAGER

JUDGEMENT

(1.) THE petitioner has approached this Court seeking for further indulgence in the matter, with regard to the steps being taken by the Bank invoking the power and procedure under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for realisation of the amounts stated as due.

(2.) OBVIOUSLY, this is the second round litigation. The petitioner had approached this Court earlier by filing W.P.(C) No.17199/2010, which culminated in Ext.P1 judgment, whereby the petitioner was permitted to clear the entire liability in a phased manner, by way of installments. It remains an admitted fact that the benefit provided as per Ext.P1 judgment has not been properly utilized by the petitioner, by remitting the due instalment amounts then and there. This Court finds that this writ petition in fact amounts to a Review Petition in disguise and there is no reason to review the earlier judgment by way of another writ petition filed by the very same petitioner in respect of the same cause action. There is no merit in the writ petition and the same is dismissed accordingly.