IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 10621 of 2011(C) --------------------------------- PETITIONER(S): ------------------- VASUDEVAN, S/O.RAJAN, NENMARA HOUSE, ARIMPUR P.O., THRISSUR DISTRICT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): -------------------- 1. THE FEDERAL BANK LTD., REPRESENTED BY AUTHORISED OFFICER, REGIONAL OFFICE, MISSION QUARTERS, THRISSUR DISTRICT-680 001. 2. THE FEDERAL BANK LTD., OLARIKKARA BRANCH THRISSUR DISTRICT-680 012. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.10621 of 2011-C ---------------------------------------- Dated this the 4th day of April, 2011. J U D G M E N T Challenge in this writ petition is against the demand raised under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Considering the scheme of the statute, the petitioner has got an effective remedy to file objections against such demand, as provided under Section 13(3A). If any such objection is filed, the respondent Bank will be at an obligation to consider the same and to give a reply. If the petitioner is aggrieved by any further steps initiated under Section 13(4), the statute provides an effective remedy as contemplated under Section 17(1). 2. Under the above circumstances, it is highly premature for this Court to interdict with the proceedings. However, it is left open to the petitioner to seek appropriate remedy from the respondents. W.P(C) No.10621 of 2011-C 2 The Writ Petition is dismissed with the above observations and without prejudice to the statutory remedies available to the petitioner. C.K.ABDUL REHIM JUDGE ab