IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 28305 of 2010(K) --------------------------------------- PETITIONER: ------------------- SHUJAT HYDERKHATAI,SOLE PROPERITOR, M/S.ART & CRAFTS,KHATIA MAHAL,V.R.MENON ROAD, RAVIPURAM,KOCHI -682 016. BY ADV. SRI.M.R.SASITH. RESPONDENTS: ------------------------ 1. MANAGER, THE JAMMU& KASHMIR BANK LIMITED, M.G.ROAD,ERNAKULAM , KOCHI -682 035. 2. AUTHORISED OFFICER, THE JAMMU & KASHMIR BANK LIMITED, ZONAL OFFICE SOUTH,5 WILLINGTON STREET,RICHMOND TOWN, BANGALORE. R1 & R2 BY ADV. SRI.N.RAJAGOPALAN NAIR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2010, ALONG WITH W.P.(C). NO. 28320 OF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).Nos.28305, 28320, 28324 & 28473 of 2010 ------------------------------------------- Dated this the 19th day of October, 2010 J U D G M E N T ---------------------- In all these cases the proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is under challenge. It is noticed that the proceedings is only at the stage of issuing demand notice under Section 13(2). Going by the provisions of the Act, against the demand issued under Section 13(2) the borrower/guarantor has got a remedy to approach the authorised officer of the respondent Bank with such objections/representations as they may think fit and proper. Further, the creditor is at an obligation to consider such objection as provided under Section 13(3). 2. It is noticed that in WP(C).No.28473/2010 the petitioners had produced Ext.P2 representation, stated to have been filed on receipt of notice under Section 13(2). However, counsel appearing for the respondent Bank denies W.P.(C).28305, 28320, 28324 & 28473/10 -2- receipt of such letter at any point of time prior to filing of the writ petition. However, it is conceded that no further steps pursuant to the notice has been taken by the respondents. 3. Under such circumstances I am of the opinion that the petitioners can be given liberty to file necessary objections/representations before the authorised officer. If any such objection/representation is filed within a period of one week from today, the respondent shall consider the same and take a decision considering all aspects of the matter. 4. Needless to say that further proceedings can be pursued only after taking a decision on the basis of such objections/representations and intimating such decision to the petitioners. 5. The writ petitions are disposed of with the above observations. However, it is made clear that disposal of these cases will not stand in the way of the petitioners invoking statutory remedies at any later stage against the proceedings. C.K.ABDUL REHIM, JUDGE. okb