IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 10297 of 2011(J) -------------------------------------- PETITIONER: ------------------- HYDERALI P.C., SALIM MANZIL, BEHIND CHURCH, PADNAKAD P.O., KASARAGOD. BY ADV. SMT.R. VIJAYAKUMARI. RESPONDENTS: ------------------------ 1. FEDERAL BANK LTD., REPD. BY ITS BRANCH MANAGER, S.M.STREET, P.M.TAJ ROAD, KOZHIKODE, PIN-673 001. 2. AUTHORIZED MANAGER, FEDERAL BANK LTD., FEDERAL TOWERS, MAVOOR ROAD, KOZHIKODE, PIN-673 001. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 10297 of 2011 --------------------------------- Dated this the 31st day of March, 2011 JUDGMENT Challenge in this writ petition is against Ext.P1 notice issued under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). According to the petitioner, on receipt of Ext.P1 notice, he had submitted Ext.P2 representation seeking permission for regularising the account and to settle the outstanding at the earliest possible. The petitioner apprehends that without considering Ext.P2 the respondent Bank may proceed with further coercive steps against the immovable property, which is the secured asset. 2. Going by the scheme of the statute , it is obligatory on the part of the respondent Bank to consider objections if any received against the demand under section 13(2), if submitted within the time stipulated. Under section 13 (3A) the Bank is at an obligation to give a reply to the borrower, in such case. It is also noticed that there is a further remedy available to the petitioner to challenge further steps if any taken under Section WP(C) .10297/2011 2 13(4), by resorting to section 17(1). 3. Therefore, I am of the view that this writ petition is highly premature. However, it is made clear that the petitioner will be at liberty to approach the respondents seeking relief as sought for in Ext.P2 and if the respondents have not already taken any further steps, such request shall be considered and appropriate decision shall be taken thereon. The writ petition is disposed of with the above observations. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .10297/2011 3