IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6860 of 2011(F) ------------------------- PETITIONER(S): --------------- 1. JAYA SANKAR.T,'AKASH',THAZHATHU KUNIYIL, PAVANGAD,PUTHIYANGADI,KOZHIKODE-673021. 2. TUSHARA.P.V,'AKASH',THAZHATHU KUNIYIL, PAVANGAD,PUTHIYANGADI,KOZHIKODE-673021. BY ADV. SMT.VIJAYAKUMARI RESPONDENT(S): --------------- 1. STATE BANK OF MYSORE,REPRESENTED BY ITS BRANCH MANAGER,IST FLOOR,CHIRAKKAL COMPLEX, LINK ROAD,KOZHIKODE - 673 021. 2. THE ASSISTANT GENERAL MANAGER, STATE BANK OF MYSORE,COIMBATORE REGION, OPPANAKKARA STREET,COIMBATORE - 110. 3. AUTHORISED OFFICER,STATE BANK OF MYSORE, IST FLOOR,CHIRAKKAL COMPLEX,LINK ROAD, KOZHIKODE - 673 021. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.6860 of 2011-F ---------------------------------------- Dated this the 8th day of March, 2011. J U D G M E N T Challenge in this writ petition is against 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). According to the petitioners,s on receipt of Ext.P1, the petitioners had submitted Ext.P2 objections/representations before the 3rd respondent. Apprehension of the petitioners is that without considering Ext.P2, coercive steps for dispossession and sale of the immovable property, which is the secured asset will be taken. 2. Considering the scheme of the statute, it is obligatory on the part of the respondents to consider objections if any raised against the demand issued under Section 13(2), as provided under Section 13(3A). It is also observed that if the petitioners are aggrieved by further steps as contemplated under Section 13(4), they have got a W.P(C) No.6860 of 2011-F 2 remedy as provided under Section 17(1). 3. Under the above circumstances it is not proper and justified for this Court to interfere with the proceedings at this stage. However, it is made clear that the respondents will be entitled to proceed with further steps only after considering Ext.P2 and issuing reply thereof, if Ext.P2 has already been received within the time stipulated under the statute. C.K.ABDUL REHIM JUDGE ab