IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 4188 of 2009(W) ------------------------- PETITIONER(S): --------------- V.N.MOHANAN NAIR, S/O.NARAYANA KURUP, AGED 49 YEARS, VAYAKKARA HOUSE, MALLAPPILLY, PATHANAMTHITTA. BY ADV. SRI.T.S.JOHN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE MANAGER, STATE BANK OF TRAVANCORE, MALLAPPILLY BRANCH, PATHANAMTHITTA DT. 3. RECOVERY OFFICER, AUTHORIZED FOR RECOVERY OF LOANS, STATE BANK OF TRAVANCORE, MALLAPPILLY BRANCH. BY GP SRI K C SANTHOSH KUMAR FOR R1 ADV. SRI.R.S.KALKURA FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 4188 OF 2009 ............................................ DATED THIS THE 9TH DAY OF FEBRUARY, 2009 JUDGMENT Ext.P1 is only a notice under Section 13(2) of SARFAESI Act. Though it does not bear a date, it shows the accruals as on 21.4.2008. Petitioner does not plead of any further action having been taken under Section 13(4). Going by the decision of the Apex Court in Mardia Chemicals V. Union of India (2004(4)SCC 311), petitioner has no right to challenge the notice under Section 13. If the petitioner wants the bank to reschedule the transaction, he can work out that remedy with the bank. If there is any measure taken against the petitioner, that is a matter which could be agitated before the Debt Recovery Tribunal under Section 17 of SARFAESI Act. Not only that this writ petition is filed only by one among the co-obligants. I am not therefore inclined to issue any direction in this writ petition. The writ petition is dismissed without prejudice to the right of the petitioner to challenge any measure before the competent statutory authority in accordance with law. Petitioner will also have liberty to move the bank for any relief by way of rescheduling, etc. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/10/2