IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 11693 of 2011(J) --------------------------------- PETITIONER(S): ------------------- V.S.SCARIA, S/O. SEBASTIAN, VALIAMATTATHIL HOUSE, KALLUVAYAL P.O. KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): -------------------- 1. THE AUTHORISED OFFICER/GENERAL MANAGER, NORTH MALABAR GRAMIN BANK, HEAD OFFICE, NMGB TOWERS, PALLIKKUNNU, KANNUR - 670 004. 2. NORTH MALABAR GRAMIN BANK, PADIYOOR KALLIAD BRANCH, REP.BY ITS MANAGER, PIN - 670 021. BY GOVT.PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.11693 of 2011 ------------------------------- Dated this the 11th day of April, 2011. J U D G M E N T Challenge 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). Considering scheme of the statute, the petitioner has got an effective remedy to raise objection/ to file representation, against Ext.P1. The respondent Bank will be at an obligation to consider such an objection/representation, if it is submitted within the time stipulated and to give a reply to the debtor. 2. Under the above circumstances, it is highly premature for this Court to interfere with a notice of demand issued under Section 13(2). 3. Therefore, the writ petition is dismissed without prejudice to rights if any available to the petitioner under the statute to seek appropriate remedy before the respondents. C.K.ABDUL REHIM, Judge ami/