IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 32125 of 2011(M) ------------------------------------- PETITIONER(S): --------------------- JAVAHARUDEEN, S/O. ALIYARU KUNJU, AGED 30 YEARS, RESIDING AT MAMOOTTIL VEEDU, THODIYOOR NORTH P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.BIJU M.JOHN RESPONDENT(S): ------------------------ 1. ICICI BANK LIMITED, ALAPPUZHA BRANCH, REP.BY ITS MANAGER, ALAPPUZHA-688 001. 2. RECOVERY OFFICER, ICICI BANK, RECOVERY OFFICE, PULIMOODU, THIRUVANANTHAPURAM. PIN: 695 001 3. BEEN RADHA, W/O.LATE RAVINDRANATHAN PILLAI, AGED ABOUT 44 YEARS, PUTHUSSERIL HOUSE, KADAVUNGAL MURI, VALLIKUNNAM VILLAGE & PANCHAYATH, MAVELIKKARA TALUK. PIN: 695 501 BY ADV. SRI.LAL K.JOSEPH FOR R1 SRI.A.A.ZIYAD RAHMAN FOR R1 SRI.V.S.SHIRAZ BAVA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WPC.NO.32125/2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1: A COPY OF THE SALE DEED NO.54/2010, SRO BHARANIKKAVU, EXECUTED BY THE 3RD RESPONDENT AND HER LATE HUSBAND INFAVOUR OF THE PETITIONER. EXHIBIT P2: A COPY OF THE LETTER ISSUED BY DHFL DATED 12/01/2010. EXHIBIT P3: A COPY OF THE LETTER ISSUED BY HDFC DATED 13/01/2010. EXHIBIT P4: A COPY OF THE OFFICE MEMORANDUM ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKUALM, DATED 15/01/2010. EXHIBIT P5: A TRUE COPY OF THE NOTICE DATED 23/11/2011 AFFIXED BY THE 1ST AND 2ND RESPONDENTS AT PETETIONERERS RESIDENCE. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AS S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.32125 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2011 J U D G M E N T This writ petition is filed by the petitioner challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) allegedly initiated by the respondents 1 & 2 for recovery of loan amounts due against the property purchased by the petitioner from the 3rd respondent. The counsel for the petitioner is absent. The counsel for the respondents 1 & 2 submits that no measure under Section 13 (4) of the Act has yet been initiated and not even Section 13 (2) notice has been issued to the 3rd respondent yet and therefore the writ petition is premature. Accepting the contention of the respondents 1 & 2, this writ petition is closed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/