IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4495 of 2010(J) ------------------------- PETITIONER(S): --------------- K.DILKUMAR, S/O.K.P.KUMARAN, KURIYEDATH HOUSE, ERATTAKULANGARA, WADAKANCHERY POST, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENT(S): --------------- 1. UNION BANK OF INDIA, REPRESENTED BY ITS MANAGER, TUDA BUILDING, "SAKTHAN" ARCADE, NEAR SAKTHAN BUS STAND, THRISSUR 680001. 2. THE MANAGER, UNION BANK OF INDIA, REPRESENTED BY ITS MANAGER, TUDA BUILDING, "SAKTHAN" ARCADE, NEAR SAKTHAN BUS STAND, THRISSUR 680001. STANDING COUNSEL SRI.A.S.P.KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 4495 of 2010 --------------------------------------- Dated, this the 11th day of February, 2010 J U D G M E N T The petitioner has approached this Court apprehending coercive steps stated as being pursued by the respondent Bank in furtherance to Ext.P2 notice issued under Section 13 (2) of the SARFAESI Act. 2. The learned counsel for the petitioner submits that the petitioner is ready and willing to clear the entire liability due to the Bank within no time and that the respondent Bank is not justified in proceeding with the steps before the expiry of the statutory period as shown in Ext.P2 notice, by causing issuance of 'paper publication'; which otherwise will very much adversely affect the petitioner. The learned counsel also submits that the petitioner has already approached the respondent Bank by filing Ext.P2 representation for appropriate relief. 3. The learned counsel for the Bank submits that there is absolutely no proposal to cause any 'paper publication' for the time being and that Ext.P2 notice will be pursued strictly in conformity with the statutory requirements. Obviously, the prayer in the Writ Petition as well as in Ext.P3 representation preferred by the petitioner is only to WP(C) No.4495/2010 2 compel the respondent Bank to proceed against the petitioner strictly in accordance with law. In view of the submission made by the learned counsel for the Bank that absolutely no violation will be made in this regard and that there is no proposal to effect any 'paper publication' for the time being and further that the petitioner has only been alerted to clear the entire liability by issuing Ext.P2 notice as prescribed, no further orders are necessary in this Writ Petition. Accordingly, the submission made from the part of the respondent Bank is recorded and the matter is disposed of. It is open to the petitioner for clearing the entire liability in tune with the submissions as aforesaid. P. R. RAMACHANDRA MENON JUDGE dnc