IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 2047 of 2009(R) ------------------------------------- PETITIONER: ------------------- P.A.MOHAMMED ASHRAF, AGED 54 YRS, S/O.ABDU, PUZHANKARA ILLATH, MATHILAKAM.P.O. BY ADV. SRI.K.ABDUL JAWAD. RESPONDENT: --------------------- SOUTH MALABAR GRAMIN BANK,HEAD OFFICE, MALAPPURAM- 676 505,REP.BY ITS GENERAL MANAGER (AUTHORISED OFFICER). BY ADV. SRI. T.R. RAVI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.2047 of 2009-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 20th day of January, 2009. JUDGMENT The petitioner availed a loan from the respondent in 2001. That was not repaid. The respondent filed a suit and obtained a decree on 20-10-2005. With accruals thereon, the outstandings kept growing. However, no payment was made. Respondent initiated proceedings under the SARFAESI Act. This is under challenge. I do not find any legal infirmity or jurisdictional error in the impugned proceedings. Ext.P1 is only a notice under Section 13(2) of the Act. The petitioner can, therefore, aspire only to seek relief by requesting the bank to defer further steps following that notice to enable the petitioner to pay off the outstandings. With such a course of action being WP(C)2047/2009 -: 2 :- available, this writ petition is closed without prejudice. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/200109