IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9845 of 2009(A) ------------------------- PETITIONER(S): --------------- 1. JACOB FRANCIS, AGED 46 YEARS, S/O.K.R.FRANCIS, KANDALA HOUSE, THAIKKATTUKARA, ALUVA-6. 2. SOJA, AGED 38 YEARS, W/O.JACOB FRANCIS, KANDALA HOUSE, THAIKKATTUKARA, ALUVA-6. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENT(S): --------------- 1. THE AUTHORIZED OFFICER, THE ALWAYE URBAN CO-OPERATIVE BANK LTD. NO.1623, HEAD OFFICE, MARKET ROAD, ALUVA-683 101. 2. THE ALWAYE URBAN CO-OPERATIVE BANK LTD., HEAD OFFICE, MARKET ROAD, ALUVA-683 101, REPRESENTED BY GENERAL MANAGER. BY ADV.SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.9845 OF 2009 ------------------------------------------- Dated this the 26th day of March, 2009 JUDGMENT petitioners are debtors of the second respondent which issued Ext.P1 notice under Section 13(2) of the SARFAESI Act. Thereafter, Ext.P2 notice is again issued under Section 13(2) of that Act on the premise that there was an error in the earlier notice and that Ext.P2 notice is one issued afresh. The petitioners are now before this Court to interdict the bank from proceeding with Ext.P2, unless proper assessment of the loan account is made. That notice is sought to be quashed to the extent the quantum of amount overdue. It is not for the writ court to sit in settlement of accounts. Not only that, the petitioners do not have even a case in the writ petition that they have replied to Ext.P2 notice under Section 13(2), which is the bare minimum that any debtor has to do in terms of the statute. Without prejudice to the right of the petitioners to object to the Section 13(2) notice in terms of the provisions of the SARFAESI Act, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.27/3.