IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 2702 of 2009(V) ------------------------- PETITIONER(S): --------------- 1. P.M. THOMAS, PROPRIETOR, KUTTAN'S LAND PLAMMOTTIL HOUSE, INDUSTRIAL NAGAR POST, CHANGANCHERRY. 2. JESSYMOL THOMAS, W/O. P.M. THOMAS, PLAMMOTTIL HOUSE, INDUSTRIAL NAGAR POST, CHANGANASSERY. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): --------------- 1. THE CHIEF MANAGER, AUTHORISED OFICER, STATE BANK OF TRAVANCORE REGION - II, ZONAL OFFICE, KOTTAYAM. 2. THE MANAGER, STATE BANK OF TRAVANCORE, INDUSTRIAL NAGAR BRANCH, INDUSTRIAL NAGAR POST, CHANGANACHERRY. BY ADV.SRI.SAJI VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.2702 OF 2009 ------------------------------------------- Dated this the 27th day of January, 2009 JUDGMENT Ext.P1 is only a notice under Section 13(2) of the SARFAESI Act. Going by the law laid by the Apex Court in Mardia Chemicals Ltd. & Others v. Union of India & Others {2004 (4) SCC 311}, issuance of such a notice cannot generate a litigation. Exts.P2 and P3 objections of the petitioners are placed before the bank. It is for the bank to deal with those objections in terms of the provisions of the SARFAESI Act. If the petitioners are aggrieved by any measure taken under Section 13(4), they would be entitled to invoke the provisions of Section 17 of that Act, particularly when the submissions on behalf of the petitioners are that the rate of interest applied is contrary to the loan agreements and that the residential building, which is notified in the Section 13(2) notice, is not part of the security interest. Leaving open all contentions, this writ petition is closed, preserving the right of the petitioners to seek reliefs before the competent WPC.2702/09 Page numbers authority in case any measure is taken. It would also be open to the petitioners to meet the first respondent and seek the results of Exts.P1 and P2. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.