IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 4111 of 2011(L) ------------------------- PETITIONER(S): --------------- MOHAMMED MADANI, S/O. MUSTHAFA HAJI, MADALAN PUTHIYA PURAYIL, NOOR MANZIL, PUSHPA GIRI, P.O. TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, NORTH MALABAR GRAMIN BANK, TALIPARAMBA BRANCH, P.O.TALIPARAMBA, KANNUR DISTRICT-670141. 2. THE AUTHORIZED OFFICER,(RECOVERY AND LEGAL DEPARTMENT), NORTH MALABAR GRAMIN BANK, HEAD OFFICE, NBGB TOWERS, PALLIKUNNU, KANNUR-4. 3. THE GENERAL MANAGER, NORTH MALABAR GRAMIN BANK, HEAD OFFICE, NMGB TOWERS, PALLIKKUNNU KANNUR-4. BY SRI.DEVAN RAMACHANDRAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.4111 of 2011-I ---------------------------------------- Dated this the 16th day of February, 2011. J U D G M E N T Exts.P1 to P5 are notices issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) with respect to various credit facilities availed by the petitioner along with others, from the respondent Bank. Considering scheme of the statute, the petitioner has got effective remedy against the demand notice issued under Section 13(2). Further the petitioner has got remedy by way of statutory appeal as provided under Section 17(1). Considering such provisions, it is not at all justified on the part of this Court to interfere with the matter at the stage when a demand notice issued under Section 13(2). 2. However, it is pointed out by the learned counsel for the petitioner that, on receipt of Exts.P1 to P5, the petitioner had approached the authorities of the respondent Bank seeking six months time for payment of the entire W.P(C) No.4111 of 2011-I 2 balance. 3. Eventhough the time stipulated for raising objection against the notice under Section 13(2) was over, I am inclined to permit the petitioner to file representations to the above effect before the appropriate authority among the respondents. If any such representation is received within a period of two weeks from today, such authority shall consider the same and take appropriate decision. 4. Needless to say that further coercive steps can be pursued only after taking such decision and intimating the same to the petitioner. The Writ Petition is disposed of with the above directions. C.K.ABDUL REHIM JUDGE ab