IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 4302 of 2011(K) ------------------------- PETITIONER(S): --------------- ASMABI, AGED YEARS, W/O.LATE ABDUL RAHIMAN, R/AT KANIYADUKKAM, 55TH MILE, THEKKIL VILLAGE, CHENGALA (VIA), KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------- 1. THE KASARAGOD DISTRICT CO.OP.BANK LTD., HEAD OFFICE, KASARAGOD, KASARAGOD DISTRICT. REPRESENTED BY ITS GENERAL MANAGER. 2. THE AUTHORISED OFFICER,(UNDER SARFAESI ACT), THE KASARAGOD DISTRICT CO.OP.BANK LTD., KASARAGOD, KASARAGOD DISTRICT. ADV. SRI.M.SASINDRAN,SC,KASARGOD DIST.CO.BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4302 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTICE DTD.8.11.2010 EXT.P2 : COPY OF THE REPRESENTATION DTD.23.11.2010 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.4302 of 2011-K ---------------------------------------- Dated this the 23rd day of February, 2011. J U D G M E N T In this writ petition the petitioner is challenging Ext.P1 notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is stated that on receipt of Ext.P1 notice, the petitioner had submitted Ext.P2 representation before the 2nd respondent, wherein the petitioner had requested to permit payment of the amounts remaining overdue for payment and to continue payment of the future monthly instalments. 2. Learned counsel for the respondents submits that, the request under Ext.P2 was received only after lapse of the statutory period stipulated under Section 13(3A). 3. Under the Scheme of the statute, the petitioner is entitled to file objections/representations on receipt of the demand under Section 13(2) within a period of 60 days and if any such objection/representation is received, the W.P(C) No.4302 of 2011-K 2 respondent Bank is bound to consider the same and to give a reply to the debtor. In this case it is noticed that the representation was received after the statutory period. However, learned counsel for the respondents submitted that no further action has so far been taken. Under such circumstances, I am of the opinion that interest of justice will be served, if the respondents consider the representation and take appropriate decision thereof. 4. Accordingly, this writ petition is disposed of directing the respondents to consider Ext.P2 representation and to take a decision thereof and to intimate the same to the petitioner, at the earliest possible. 5. Needless to say that further steps can be proceeded only after intimating such decision to the petitioner. C.K.ABDUL REHIM JUDGE ab