IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26592 of 2011(Y) ----------------------------------------- PETITIONER(S): ------------------------- 1. K.MAMOO, S/O.LATE P.KUNHIMOOSAN HAJI AGED 63 YEARS, BUSINESS, RESIDING AT `JEFORA', KADACHIRA ROAD, EDAKKAD, KANNUR DISTRICT. 2. T.M.KADEEJA, W/O.K.MAMOO, AGED 55 YEARS, NO OCCUPATION, RESIDING AT `JEFORA', KADACHIRA ROAD, EDAKKAD, KANNUR DISTRICT. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): --------------------------- 1. THE AUTHORISED OFFICER, VIJAYA BANK, REGIONAL OFFICE, 1ST FLOOR, `JOSE ANNEX', JOSE JUNCTION, M.G.ROAD, ERNAKULAM-682 011. 2. THE REGIONAL MANAGER, VIJAYA BANK, REGIONAL OFFICE, 1ST FLOOR, `JOSE ANNEX', JOSE JUNCTION, M.G.ROAD, ERNAKULAM-682 011. 3. THE MANAGER, VIJAYA BANK, EDAKKAD BRANCH, NATIONAL HIGH WAY, EDAKKAD, KANNUR DISTRICT-670 663. BY ADV. SMT. LATHA KRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26592/2011 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SANCTION LETTER DTD. 27/08/2003 ISSUED IN FAVOUR OF THE PETITIONERS' SON T.M.JAVED. P2: COPY OF THE COMMUNICATION DTD. 23/08/2003 ISSUED BY THE SENIOR MANAGER, VIJAYA BANK, REGIONAL OFFICE, KOCHI. P3: COPY OF THE REPLY DTD. 14/10/2008 SUBMITTED BY THE PETITIONER'S SON TO THE THIRD RESPONDENT. P4: COPY OF THE LETTER DTD. 18/02/2009 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONERS' SON. P5: COPY OF THE COMMUNICATION DTD. 27/02/2009 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONERS' SON. P6: COPY OF THE COMMUNICATION DTD. 14/03/2009 ISSUED BY THE THIRD RESPONDENT. P7: COPY OF THE REPLY DTD. 20/03/2009 SUBMITTED BY THE FIRST PETITIONER FOR AND ON BEHALF OF HIS SON T.M.JAVED. P8: COPY OF THE LETTER DTD. 21/03/2009 ISSUED BY THE THIRD RESPONDENT. P9: COPY OF THE REPLY SENT BY THE FIRST PETITIONER FOR AND ON BEHALF OF HIS SON DTD. 26/03/2009 TO THE THIRD RESPONDENT. P10: COPY OF THE LETTER SENT BY THE PETITIONERS' SON TO THE THIRD RESPONDENT. P11: COPY OF THE COMMUNICATION ISSUED BY THE PETITIONERS' SON T.M.JAVED DTD. 27/01/2011 SENT BY E-MAIL TO THE THIRD RESPONDENT. Kss ..2/- ..2.... WPC.NO.26592/2011 Y P12: COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SARFAESI ACT 2002 ISSUED BY THE FIRST RESPONDENT DTD. 28/01/2011. P13: COPY OF THE REPLY DTD. 08/02/2011 SENT BY THE PETITIONERS' COUNSEL TO THE RESPONDENTS. P14: COPY OF THE REPLY SENT BY THE FIRST RESPONDENT DTD. 14/02/2011. P15: COPY OF THE E-MAIL SENT BY THE PETITIONERS' SON T.M.JAVED ON 02/02/2011 AND THE REPLY THEREON BY THE THIRD RESPONDENT BY E-MAIL ON 02/02/2011. P16: COPY OF THE COMMUNICATION SUBMITTED BY THE PETITIONERS' SON DTD. 03/04/2011 TO THE THIRD RESPONDENT. P17: COPY OF THE REPLY SENT BY THE SECOND RESPONDENT DTD. 23/04/2011. P18: COPY OF THE COMMUNICATION DTD. 16/05/2011 ISSUED BY THE PETITIONERS' SON T.M.JAVED TO THE THIRD RESPONDENT. P19: COPY OF THE COMMUNICATION DTD. 06/09/2011 SUBMITTED BY THE FIRST PETITIONER FOR AND ON BEHALF OF HIS SON T.M.JAVED. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ....................................................... W.P.(C).26592/2011 .............................................. Dated this the 10th day of October, 2011 JUDGMENT The only prayer sought in this writ petition is to require the third respondent to consider Exts.P15, P16, P18 and P19 representations made by the petitioners to permit them to discharge the liability and close the loan availed of by the son of the petitioners to which the petitioners are the guaranteers. 2. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents. Having regard to the case of the petitioners regarding the pendency of Ext.P15, P16, P18 and P19 representations, I dispose of this writ petition directing the third respondent to consider the aforesaid representations. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment along with a copy of the writ petition. ANTONY DOMINIC, Judge mrcs