IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 5433 of 2011(D) ------------------------- PETITIONER(S): ----------------------- BEENABI HARIS, C.C.XII/1217, NAJEEB HOUSE, M.A.ROAD, PANAYAPPILLY, KOCHI-682 002, NOW RESIDING AT 6/1610A, MATTANCHERRY STAR JUNCTION, KOCHI-682 002. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): ------------------------ 1. THE CHIEF MANAGER & AUTHORISED OFFICER, UNION BANK OF INDIA, REGIONAL OFFICE, IST FLOOR, K.S.H.B.COMPLEX, VIKAS NAGAR, EAST HILL ROAD, KOZHIKODE-673 006. 2. M/S.FASHION GALAXY, 18/438-A-8, COLOMBO COMPLEX, M.M.ALI ROAD, KOZHIKODE-673 002, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER MR.K.H.LATHEEF. 3. MR.K.H.LATHEEF, 12/1216, KALLATTIL HOUSE, PANAYAPPILLY, KOCHI-682 002. 4. MR.P.U.JISAM, 12/1217, PALLIPARAMBIL, PANAYAPPILLY, KOCHI-682 002. 5. K.H.MEHABOOB, SON OF HASSINAR, 3/59, IRAVELI, KOCHI-682 002. ADV. SRI.A.V.THOMAS FOR R-1 SMT.M.M.JASMIN FOR R-1 SRI.A.S.P.KURUP FOR UBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 5433 OF 2011 ===================== Dated this the 18th day of March, 2011 J U D G M E N T Petitioner is resisting the securitisation proceedings mainly contending that in reply to Ext.P3 notice issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, she has given Ext.P4 reply and that without passing any orders under Section 13 (3A), Bank has proceeded to file application under Section 14 and on that basis, the property is sought to be dispossessed on the strength of Ext.P6 order of the Magistrate. 2. The correctness of this submission could not be effectively controverted by the Bank. In that view of the matter, I am inclined to hold that the proceedings resulting in Ext.P6 are vitiated for non compliance with the statutory provisions. 3. At this stage, counsel for the Bank undertakes that as far as the petitioner is concerned, Ext.P3 notice will be considered in the light of Ext.P4 reply filed by the petitioner and an order under Section 13(3A) will be passed and communicated to the petitioner. It is also submitted that fresh proceedings under WPC No. 5433/2011 :2 : Section 14 as far as the petitioner is concerned will be initiated. This offer made by the standing counsel for the Bank should redress the grievance of the petitioner. Therefore, the writ petition is disposed of recording the submission as above and leaving it open to the Bank to initiate fresh proceedings as far as the petitioner is concerned. The contentions on the merits are left open. ANTONY DOMINIC, JUDGE Rp