IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 14079 of 2011(H) -------------------------- PETITIONER(S): --------------- 1. ANNAM.K.L,W/O.K.P.DEVASSUKUTTY, AGED 54 YEARS,HOUSE NO.453,KURISSERY HOUSE, CHENGALOOR PO, THRISSUR. 2. K.P.DEVASSYKUTTY,AGED 77 YEARS, HOUSE NO.453,KURISSERY HOUSE, CHENGALOOR PO, THRISSUR. BY ADV. SRI.C.KHALID SRI.T.P.SAJID SRI.PHIJO PRADEESH PHILIP RESPONDENT(S): --------------- 1. STATE BANK OF INDIA,RASMECCC,2ND FLOOR, WEST PALLITHAMAN BUILDING,SREE VADAKKUMNADAN SHOPPING COMPLEX,KARUNAKARAN NAMBIAR ROAD, THRISSUR – 680 001. 2. STATE BANK OF INDIA, MAIN BRANCH, EAST FORT, THRISSUR – 680 001. ADV. SRI.P.V.SURENDRANATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.14079 of 2011-H ---------------------------------------- Dated this the 27th day of May, 2011. J U D G M E N T Proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is challenged in this writ petition. It is noticed that the proceedings is only at the stage of issuing notice as contemplated under Section 13(2) of the Act. As per the statute, the petitioners are entitled to file objections/representations when such demand is received. Further, under Section 13(3A) the Bank is at an obligation to consider such objections if any raised. Under such circumstances, I am of the opinion that, it is highly premature for the petitioners to challenge the demand, that too by filing a writ petition under Article 226. 2. Therefore the writ petition is dismissed. However, if the petitioners submit any objection/ representation with respect to the demand notice, before proceeding with further steps, the same shall be considered W.P(C) No.14079 of 2011-H 2 by the respondent Bank. 3. It is made clear that, it will be left open to the petitioners to resort to statutory remedies against further steps if any taken, as contemplated under Section 17(1). The writ petition is dismissed with the above observations. C.K.ABDUL REHIM JUDGE ab