2025:KER:27442 W.P (C) No.11359/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 11359 OF 2025 PETITIONER/S: AJITH GOPIDAS, AGED 59 YEARS, S/O. M.D GOPIDAS, SREEVIHAR, MAYITHARA MARKET P.O, KANJIKUZHI VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688539 BY ADVS. J.RAMKUMAR K.S.SREERAJ S.SREELAKSHMY RHEA ELSA SHERY ABRAHAM RESPONDENT/S: 1 TATA CAPITAL HOUSING FINANCE LTD,11TH FLOOR, TOWER A, PENINSULA BUSINESS PARK, GANPATRAO KADAM MARG, LOWER PAREL, MUMBAI, REPRESENTED BY THE REGIONAL OFFICER, GROUND FLOOR, JAIN TOWER-II, N.H 17, NEAR LULU MALL, EDAPPALLY, KOCHI, ERNAKULAM, PIN - 682024 2 THE AUTHORIZED OFFICER, TATA CAPITAL HOUSING FINANCE LTD, REGIONAL OFFICE, GROUND FLOOR, JAIN TOWER-II, N.H 17, NEAR LULU MALL, EDAPPALLY, KOCHI, ERNAKULAM, PIN - 682024 BY ADVS. P.PAULOCHAN ANTONY P SREEJITH K.(K/380/2005) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27442 W.P (C) No.11359/2025 -2- J U D G M E N T The petitioner availed credit facilities from the respondent financial institution. On default being committed proceedings were initiated against the petitioner under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act). The petitioner moved this court earlier by filing W.P (C) No.40902/2022 and this court by Ext.P1 judgment permitted that petitioner to pay off the entire then outstanding amount of Rs.2,36,77,206/- in 15 equal monthly instalments. Though the petitioner claims to have paid some amounts pursuant to Ext.P1 judgment, it is the case of the respondent financial institution that the judgment was not complied with. The petitioners thereafter filed RP No.302/2023 which was later withdrawn. The order in R.P No.302/2023 is on record as Ext.P2. The petitioner also approached the Debts Recovery Tribunal-II, Ernakulam by filing SA No.522/2023. That securitization application is pending before the Tribunal for final hearing. No interim relief has been granted to the petitioner. The petitioner is before this court seeking one months time to settle the entire liability. 2. The learned counsel for the respondent financial institution submits that on the 15th attempt the respondent financial institution was able to 2025:KER:27442 W.P (C) No.11359/2025 -3- successfully sell the mortgaged property for a sum of Rs.1,62,60,000/-. It is submitted that the total liability amount as on 24-03-2025 is Rs.2,89,29,628/-. It is submitted that in such circumstances, the petitioner is not entitled to any relief. 3. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent financial institution and considering the facts and circumstances noticed above and also taking into account the fact that this is not the first round of litigation by the petitioner before this Court, I find no reason to grant any relief to the petitioner in proceedings under Article 226 of the Constitution of India. The writ petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE AMG 2025:KER:27442 W.P (C) No.11359/2025 -4- APPENDIX OF WP(C) 11359/2025 PETITIONER EXHIBITS Exhibit P1 A PHOTOCOPY OF THE JUDGMENT DATED 20.12.2022 IN W.P.(CIVIL) NO. 40902 OF 2022 OF THIS HON'BLE COURT Exhibit P2 A TRUE COPY OF THE ORDER DATED 31.07.2023 IN RP NO. 302 OF 2023 IN W.P.(CIVIL) NO. 40902 OF 2022 OF THIS HON'BLE COURT Exhibit P3 A TRUE COPY OF THE SALE NOTICE DATED 22.02.2025 ISSUED BY THE RESPONDENTS