IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 6196 of 2011(Y) ------------------------- PETITIONER(S): --------------- GEORGE M.P., S/O.POULOSE, AGED 56 YEARS, PARTNER, M/S. V-SMAYA ENTERPRISES, S & S COMPLEX, SHORNUR ROAD, TRICHUR. BY ADV. SRI.C.A.CHACKO SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. THE AUTHORIZED OFFICER, DHANALAXMI BANK LTD., ZONAL OFFICE, DHANALAXMI BUILDING, IST FLOOR, PUNKUNNAM, THRISSUR - 680 002. 2. DHANALAXMI BANK LTD., HIGH ROAD BRANCH, THRISSUR, REPRESENTED BY ITS MANAGER - 680001. ADV. SRI.VIVEK VARGHESE P.J. FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.6196 of 2011-Y ---------------------------------------- Dated this the 28th day of February, 2011. J U D G M E N T Challenge in this writ petition is against Ext.P1 notice issued under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). In view of the effective remedy provided under the statute, I am not inclined to entertain this writ petition. Going by scheme of the statute the petitioner is at liberty to raise objections or to approach the Bank with a representation and it is obligatory on the part of the respondents to consider if any objection/ representation is received within the time stipulated. It is also noticed that if the petitioner is aggrieved by any further steps initiated under Section 13(4) he has got a remedy under Section 17(1). 2. In view of the effective alternative remedy provided, this writ petition is not maintainable. However, rights of the petitioner to take up the matter in appropriate W.P(C) No.6196 of 2011-Y : 2 : proceedings as provided under the statute is reserved. All contentions raised in this writ petition are left open for agitation. The Writ Petition is dismissed accordingly. C.K.ABDUL REHIM JUDGE ab