2025:KER:28800 W.P (C) No.10536/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 10536 OF 2025 PETITIONER/S: MANSOOR IBRAHIM M.V AGED 52 YEARS S/O. IBRAHIM, ZUHARAMANZIL, KANNADIPARAMBA, NARATH, KANNUR, PIN - 670601 BY ADV C.K.SREEJITH RESPONDENT/S: 1 THE BRANCH MANAGER CANARA BANK, KATTAMPALLY BRANCH, KUTHIRATHADAM ROAD, KANNUR DIST, PIN - 670015 2 THE AUTHORIZED OFFICER CANARA BANK, KATTAMPALLY BRANCH, KUTHIRATHADAM ROAD, KANNUR DIST, PIN - 670015 OTHER PRESENT: SRI.M.GOPIKRISHNAN NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28800 W.P (C) No.10536/2025 -2- J U D G M E N T The petitioner has conducted several litigations before this court in the matter of proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) to recover the amounts due under credit facilities availed by the petitioner from the respondent bank. The pleadings in the writ petition will show that while the application filed by the bank under the provisions of the Recovery of Debts and Bankruptcy Act, 1993 was pending before the Debts Recovery Tribunal as O.A No.114/2021, the petitioner entered into a compromise as is evidenced by Ext.P1. The petitioner has admittedly failed to comply with the terms of the compromise. Since the petitioner failed to comply with the terms of the compromise, the bank proceeded again under the SARFAESI Act and brought the mortgaged property for sale vide Ext.P3 notification. The petitioner is thus before this court seeking the following relief:- “issue writ of certiorari quashing Ext.P3 permit the petitioner to discharge the liabilities.” 2. The learned counsel for the respondent bank submits that after the petitioner entered into the compromise and having failed to comply with the terms of the compromise, the petitioner has not made out any case of interference in the sale notice issued by the respondent bank. It is submitted 2025:KER:28800 W.P (C) No.10536/2025 -3- that the petitioner had earlier approached this court by filing W.P (C) No.29210/2o22 which was closed since the sale which was impugned in that writ petition did not fructify. Thereafter the petitioner approached this court by filing W.P (C) No.34748/2022 which was dismissed by this court on 09-12- 2022 finding that the petitioner has not made out any case of grant of any relief in the exercise of discretionary jurisdiction vested in this court on account of the fact that the petitioner has failed to comply with the condition imposed by this court to deposit a sum of Rs.17,00,000/- on or before 07-12- 2022. The petitioner again approached this court by filing W.P(C) No.45697/2024 which was disposed of on 20-12-2025 holding that if the petitioner were to comply with the terms of the compromise, further proceedings under the SARFAESI Act will not be continued and possession of the petitioner over the secured asset shall not be disturbed. In the facts and circumstances of the case noticed above, I am of the view that the petitioner has not made out any case for grant of the relief sought for in this writ petition. The petitioner cannot conduct successive litigations on the same subject matter. Writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE AMG 2025:KER:28800 W.P (C) No.10536/2025 -4- APPENDIX OF WP(C) 10536/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LOKADALAT AWARD DT. 18/10/2024 Exhibit P2 THE TRUE COPY OF THE COMPLAINT FILED BY CITY POLICE COMMISSIONER Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE AUTHORIZED OFFICER ON 27/2/2025 BY FIXING THE E-AUCTION ON 15/3/2025 Exhibit P4 THE TRUE COPY OF THE PETITION FILED AS IA. NO. 120/2025 IN SA. NO. 579/2024 FOR EXTENSION OF TIME