IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7265 of 2009(C) ------------------------- PETITIONER(S): --------------- AJI J.PONMANISSERY,S/O.P.L.JACOB, RESIDING AT PONMANISSERY HOUSE, PALLANGADI,PARAVATTANI,TRICHUR. BY ADV. SRI.V.M.SYAM KUMAR RESPONDENT(S): --------------- 1. THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE,GHANIS BUILDING, KUNNATHUMEDU P.O.,PALAKKAD, KERALA,REP.BY ITS CHIEF MANAGER. 2. THE BRANCH MANAGER,THE SOUTH INDIAN BANK LTD.,ERUMAPETTY, VADAKKANCHERY,THRISSUR DISTRICT. ADV. SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 7265 OF 2009 ............................................ DATED THIS THE 6TH DAY OF MARCH, 2009 JUDGMENT The petitioner, one among the co-obligants to whom notice under Section 13(2) of SARFAESI Act has been issued, seeks a direction that the respondents shall not take any action under Section 13(4) of the act without considering any of the objections raised by the petitioner. If on receipt of notice under Section 13 (2), a debtor submits objections or gives a reply in writing, the authorised officer will have to consider it. There is no reason to assume as of now that any statement or objection of the petitioner would not be considered by the competent among the respondents. Even in the event of action under Section 13(4), , the debtors will have a statutory remedy available by way of Section 17 of the SARFAESI Act rather than visit this court with a request for exercise of extra ordinary jurisdiction. Writ petition is hence closed, without prejudice to the right of the petitioner to what is stated above. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/3