IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 9237 of 2011(D) --------------------------------------- PETITIONER(S): ------------------------- T.K.HUSSAIN, S/O.LATE MOHAMMED, AGED 40 YEARS, THONIKADAVATHU HOUSE, KATTILANGADI, ATHAVANAD P.O., MALAPPURAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): -------------------------- 1. THE FEDERAL BANK LTD., REP.BY ITS AUTHORISED OFFICER (CHIEF MANAGER) REGIONAL OFFICE, MISSION QUARTERS, THRISSUR. 680 001. 2. THE RESERVE BANK OF INDIA, CENTRAL OFFICE, MUMBAI-400 001, REP.BY ITS MANAGING DIRECTOR. 3. NATIONAL BANK FOR AGRICULTURE & RURAL DEVELOPMENT, REP.BY ITS CHIEF GENERAL MANAGER KERALA REGIONAL OFFICE, POST BOX NO.5613, PUNNEN ROAD, STATUE, THIRUVANANTHAPURAM-695 039. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.9237/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GUIDE LINES FOR IMPLEMENTING THE DEBT RELIEF SCHEMES FOR AGRICULTURISTS. P2:- COPY OF THE DEMAND NOTICE DT.D 5.1.2011 ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No. 9237 of 2011 ------------------------------- Dated this the 23rd day of March, 2011. J U D G M E N T Challenge in this writ petition is against Ext.P2 notice issued under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Under the scheme of the statute, the petitioner can object against the demand raised under section 13(2). Under section 13(3A) the 1st respondent Bank will be at an obligation to consider the same, if received within the time stipulated. It is also noticed that the petitioner has got remedy under section 17 (1) against further steps. 2. Therefore, I am not inclined to entertain this writ petition, which is filed challenging Ext.P2 notice. However, if the petitioner submits any objection/ representation against Ext.P2, the 1st respondent Bank shall consider the same and take a decision thereof, provided no further steps has already 2 W.P.(C).No. 9237 of 2011 been pursued. The writ petition is disposed of with the above observations. C.K.ABDUL REHIM, Judge ami/