IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 10177 of 2011(V) --------------------------------------- PETITIONER(S): ------------------------ 1. LALU ANTHIKADU ANTONY,AGED 36 YEARS, S/O.LATE A.C.ANTONY, ANTHIKADU HOUSE,111/659, THRIKKAKKARA.B.M.C.P.O,ERNAKULAM, REP.BY POWER OF ATTORNEY HOLDER,TONY ANTONY, AGED 34 YEARS, S/O.LATE A.C.ANTONY. 2. MRS.DONA MARY MATHEW, AGED 31 YEARS, W/O.LALU ANTONY,MADATHIPARAMBIL,CHANGANPUZHA NAGAR, EDAPPALLY,ERNAKULAM,REP.BY POWER OF ATTORNEY HOLDER,TONY ANTONY, AGED 34 YEARS,S/O.LATE A.C.ANTONY. BY ADV. SRI.VINCENT RAPHAEL RESPONDENT(S): --------------------------- DEWAN HOUSING FINANCE CORPORATION LTD, REP.BY AUTHORISED OFFICER AND MANAGER, K.M.M.BUILDINGS,IST FLOOR,PALARIVATTOM,KOCHI, PIN-682025. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM,J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 10177 OF 20 11 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March , 2011 J U D G M E N T Challenge is against the proceedings initiated under the Secutitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act.(SARFAESI ACT) Consequent to default committed by the petitioner repaying the housing loan availed from the respondent bank. 2. It is noticed that Ext.P2 is only a demand notice raised under Section 13(2) of the Act. The petitioner had submitted Ext.P3 in replying to Ext.P4 , an objection under replying to E Section 13(B) Ext.P4 is the postal acknowledgment which reveals receipt of Ext.P3 by the authorised officer of the respondent bank. Going by the statue if any objection is received against the demand made under Section 13(2) the respondent is get an application to consider the same and give reply to the petitioner. I do not find any reason to pursue any coercive steps were pursue without complying that such statutory obligations. Learned Counsel for the petitioners submits that petitioner are ready and willing to regularise the WPC. : 2 : account by paying an amount remaining overdue. It is for the petitioner to approach appropriate authority if the respondent bank to pursue such remedy. However it is made clear that if any further coercive steps of recovery is initiate under the SARFAESI ACT the petitioner will be at liberty to challenge the same by invoking statutory remedy. 3.Under the above circumstances the writ petition is disposed of with the observations as above. (C.K.ABDUL REHIM,JUDGE) jkk