IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 2362 of 2011(U) ------------------------- PETITIONER(S): --------------- T.N.THANKAMMA, AGED 49 YEARS, W/O.M.J.APREYAN, MANTHADATHIL HOUSE, VALIYA POYIL, OLAT P.O., CHERUVATHUR (VIA), KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER AND PA TO PRESIDENT, THE KASARAGOD DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE, P.B.NO.48, NAYAK'S ROAD, KASARAGOD - 671 121. 2. THE KASARAGOD DISTRICT CO-OPERATIVE BANK LTD., KASARAGOD, REPRESENTED BY ITS SECRETARY, PIN - 671 121. ADV. SRI.M.SASINDRAN,SC,KASARGOD DIST.CO.BAN FOR R-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.2362 of 2011-U ---------------------------------------- Dated this the 1st day of February, 2011. J U D G M E N T In this writ petition, the petitioner is challenging Ext.P4 notice. It is stated that, on receipt of Ext.P4 notice, which was issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the petitioner had submitted Ext.P5 representation, wherein it is stated that the petitioner is ready and willing to pay the amounts in default and sought permission to regularise the account by payment of such amounts. 2. Contention of the petitioner is that, the respondent is not considering Ext.P5 and permitting the petitioner to pay the amount in default. Going by the scheme of the statute, it is obligatory on the part of the respondent Bank under Section 13(3A) to consider the objections if any filed against the demand raised under Section 13(2). W.P(C) No.2362 of 2011-U 2 3. Therefore the writ petition is disposed of directing the respondents to consider Ext.P5 and to take a decision thereof and further to intimate such decision to the petitioner, at the earliest possible. 4. It is made clear that further steps if any can be proceeded only after taking a decision on Ext.P5 and intimating such decision to the petitioner. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab