IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN FRIDAY, THE 15TH DECEMBER 2006 / 24TH AGRAHAYANA 1928 WP(C).No. 33317 of 2006(N) -------------------------- PETITIONER: ---------------- K.A.HYDROSE, AGED 57, S/O.LATE MR.AHAMMED AMMU, KAROTHUKUZHI HOUSE, ASOKAPRUAM, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI CHIRAYATH RESPONDENTS: ------------------ 1. BANK OF BARODA, ALUVA BRANCH, ALUVA, ERNAKULAM DISTRICT, PIN- 683 101, REPRESENTED BY ITS BRANCH MANAGER AND PRINCIPAL OFFICER. 2. S.V.RAMABHADRAN, (AUTHORISED OFFICER) DY.REGIONAL MANAGER, BANK OF BARODA, ALUVA BRANCH, ALUVA, ERNAKULAM DISTRICT, PIN- 683 101. BY SRI.DEVAN RAMACHANDRAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, J. ``````````````````````````` W.P.(C) NO. 33317 OF 2006 ``````````````````````````` Dated this the 15th day of December, 2006 J U D G M E N T The prayer made in this writ petition is to quash Exhibit P4 proceedings initiated by the 2nd respondent. Exhibit P4 is dated 29/11/2006 which inter alia states that no representation or objection was received to the notice dated 22.09.2006 issued by the Bank for the petitioner and since he has not discharged the liabilities petitioner is informed that they are entitled to take possession of the secured assets over which security interest has been created in favour as per details shown there. An authorised officer is also authorised to take action and exercise powers of the secured creditors under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 and he asked to give peaceful possession of the assets. 2. The only contention raised by the petitioner at this stage is that he has filed his objection, Exhibit P3 as evidenced by Exhibit P6 postal receipt. 3. However, the learned standing counsel Sri.Devan WPC 33317/2006 : 2 : Ramachandran appearing for the bank submits that in case any such objection is received, they will consider the same and pass appropriate orders. Since the petitioner has also produced Exhibit P6 to show the despatch of Exhibit P3, it has to be presumed that it would have reached the bank in the normal course. However, since the counsel is not in a position to say that whether the same was actually received or not, however the counsel has been served with a copy of the writ petition along with Exhibit P3, the same will be treated as having been received by the bank and there will be a direction that the Bank will consider Exhibit P3 before taking actual possession. Writ petition is closed. P.R.RAMAN, JUDGE Rp