IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 36681 of 2009(E) -------------------------- PETITIONER: --------------- K.VIJAYAN @ VIJAYABHANU KAPRAT, S/O.DAMODARAN NAIR, KAPRAT HOUSE, KAPRATPADI, THEYYALUNKAL P.O., NANNAMBRA VIA., MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS: --------------- 1. BANK OF MAHARASHTRA, REGIONAL OFFICE: NO.4, SIVAGNAM ROAD, T.NAGAR, CHENNAI. 2. BANK OF MAHARASHTRA, M.G.ROAD, ERNAKULAM. 3. THE AUTHORISED OFFICER, BANK OF MAHARASHTRA, REGIONAL OFFICE, NO.4, SIVAGNAM ROAD, T.NAGAR, CHENNAI. 4. M/S.MALABAR EXIM PVT. LTD., REP. BY ITS MANAGING DIRECTOR, SRI.K.GOPAKUMAR, KAPRAT HOUSE, KAPRATPADI, THEYYALUNKAL P.O., NANNAMBRA VIA., MALAPPURAM DISTRICT. 5. K.GOPAKUMAR, S/O.DAMODARAN NAIR, KAPRAT HOUSE, KAPRATPADI, THEYYALUNKAL P.O., NANNAMBRA VIA., MALAPPURAM DISTRICT. 6. ANITHA VIJAYAN, W/O.K.VIJAYAN @ VIJAYABHANU KAPRAT, KAPRAT HOUSE, KAPRATPADI, THEYYUNKAL P.O., NANNAMBRA VIA., MALAPPURAM DISTRICT. WP(C).No. 36681 of 2009(E) 7. K.KRISHNAKUMAR, S/O.DAMODARAN NAIR, KAPRAT HOUSE, KAPRATPADI, THEYYALUNKAL P.O., NANNAMBRA VIA., MALAPPURAM DISTRICT. R2 BY ADV. SRI.S.B.PREMACHANDRA PRABHU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 36681 OF 2009 ......................................................................... Dated this the 2nd February, 2010 J U D G M E N T The petitioner is seeking to quash Ext. P2 demand notice and Ext. P5 Possession notice issued in the course of the steps for realization of the amount due invoking the machinery under the SARFAESI Act. The petitioner has also prayed for a direction to the third respondent Bank to hear and dispose of Ext. P4 objection before taking possession of the property. 2. The learned Counsel appearing for the Bank, on instruction, submits that the petitioner had chosen to challenge Ext.P2 demand notice under Section 13(2) earlier in W.P.(C )NO. 27161 of 2009, where interference was declined as per Ext. P3 judgment, except to the extent that the petitioner was permitted to file statutory objection against the said notice, simultaneously pointing out that the provisions of the Act entitled the authorised officer of the Bank to consider such objections and to pass W.P.(C) No. 36681 OF 2009 2 appropriate orders in accordance with law. 3. It is the case of the petitioner that Ext.P4 objection was filed pursuant to the above judgment, which however has not been acted upon, while the respondent Bank has proceeded with further steps issuing Ext.P5 notice, which is contrary to the mandate given by this Court vide Ext. P3 judgment. 4. The learned Counsel appearing for the respondent Bank, with specific reference to the contents of the statement filed submits that, pursuant to Ext.P3 judgment, objections filed by the petitioner were considered and Ext.R2(a) letter was issued asking him to appear for a discussion. The petitioner is yet to respond to the said letter and that, it was in the said circumstance, Ext.P5 notice was issued proceeding with further steps, submits the learned Counsel. The learned Counsel further submits that there is absolutely no fault or failure on the part of the respondent Bank in giving effect to the verdict passed by this Court. It is also submitted that even at this stage, if the petitioner appears before the Bank, the objections will be considered and appropriate orders will be passed. W.P.(C) No. 36681 OF 2009 3 5. In the above circumstances, as suggested by both the sides, the petitioner is directed to appear before the third respondent on the forenoon of 19.02.2010, on which event, the third respondent Bank shall consider Ext.P4 statement of objections, in accordance with law and appropriate orders shall be passed, after hearing the petitioner, as expeditiously as possible. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk