IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 32793 of 2010(Y) -------------------------- PETITIONER(S): --------------- T.J.AUGUSTHY, S/O.JOSEPH, AGED 63 YEARS, THEKKANATH, PAZHANGANAD, KIZHAKKAMBALAM P.O., ERNAKULAM. BY ADV. SRI.B.GOPAKUMAR RESPONDENT(S): --------------- 1. STATE BANK OF INDIA, STRESSED ASSETS RESOLUTION CENTRE, 40/974, IIND FLOOR, R.S.BUILDINGS, M.G.ROAD, ERNAKULAM, KOCHI-11, REP. BY ITS CHIEF MANAGER. 2. STATE BANK OF INDIA, RAILWAY STATION ROAD, KHAJU COMPLEX, ALUVA, REP. BY ITS MANAGER. ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE STANDING COUNSEL SRI.SAJUSH PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 32793 OF 2010 ------------------------------------- Dated this the 28th day of October, 2010 JUDGMENT Challenge in this Writ Petition is against proceedings initiated under the of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Ext.P3 is only a notice issued under Section 13 (2) of the Act. The borrower is at liberty to raise objections or to make any representation on receipt of such demand notice. Further, under Section 13 (3) the respondent Bank is at an obligation to consider objections/representations if any received against the notice and to take a decision thereof. 2. Under such circumstances, I am not inclined to entertain this Writ Petition on the merits of the contentions raised. However, it is noticed that on receipt of Ext.P3 the petitioner had submitted Ext.P4 before the authorized officer seeking deferment of further proceedings, on the basis that he will pay the liability 2 WP(C) No. 32793/2010 within a period of three months. Eventhough the said representation was seen submitted after expiry of 60 days from the date of receipt of Ext.P3 notice, I am inclined to direct the respondents to consider the same and to take a decision thereof as contemplated under Section 13 (3A). 3. In the result, the Writ Petition is disposed of directing the respondents to consider Ext.P4, after affording an opportunity of hearing to the petitioner and to take a decision thereof at the earliest possible. Needless to say that further proceedings under the SARFAESI Act may not be taken unless such decision is intimated to the petitioner. C.K. ABDUL REHIM JUDGE dnc