Case:- SATHEESH V.K. vs THE FEDERAL BANK LTD.
Citation:- 2025 INSC 1140
Date:- 23.09.2025
Hon’ble Supreme Court Bench:- JUSTICE DIPANKAR DATTA & JUSTICE K.V. VISWANATHAN
- In this case, the Appellant had taken a loan from Federal Bank and mortgaged his property in Kozhikode. He defaulted, and the loan was classified as NPA. The bank initiated recovery under Section 13(4) of the SARFAESI Act, 2002.
- The appellant approached Hon’ble Kerala High Court. The Hon’ble High Court vide Order dated 01.10.2024 allowed him to retain his property if he paid, Rs. 2 crores by 30.10.2024 and paid the balance dues with interest in 12 installments starting 15.11.2024
- Aggrieved by this, The appellant approached Hon’ble Supreme Court by filing First SLP(C) No. 28259/2024, but the appellant withdrew it on 28.11.2024, without seeking liberty to re-approach the Hon’ble Supreme Court. The appellant filed a review petition in the Hon’ble High Court against the order dated 01.10.2024 passed by the Hon’ble High Court. The review petition got dismissed on 05.12.2024.
- Following the dismissal of the review petition, The appellants again approached the Hon’ble Supreme Court in Civil Appeals 11752-11753/2025, challenging both the HC’s original order and the review dismissal.
- The Respondent argued that the appeals were not maintainable because a second SLP is barred if the first was withdrawn without liberty and under Order XLVII Rule 7(1) CPC, no appeal lies against dismissal of a review. The Appellants argued that the Article 136 gives the Supreme Court wide powers to prevent injustice, and review/second SLP could still be maintainable.
- The Hon’ble Court distinguished between cases where SLP was dismissed vs. withdrawn. The Hon’ble Supreme Court held that withdrawal without liberty means the litigant cannot come again with the same challenge. The Hon’ble Court stressed that allowing repeated SLPs would lead to endless litigation and is against the maxim *interest reipublicae ut sit finis litium* (litigation must end for public good).
- The Hon’ble Supreme Court held the appeals were not maintainable and dismissed them.
