IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 32728 of 2010(M) ---------------------------------------- PETITIONER(S): ------------------------ P.D.CHANDRASEKHARAN NAIR, S/O.D.DAMODARAN NAIR, UMADEVISADANAM, CMC 21, CHERTHALA-688 524. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): -------------------------- 1. CHIEF MANAGER, (AUTHORISED OFFICER), STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, BEACH ROAD, ALAPPUZHA. 2. BRANCH MANAGER, STATE BANK OF INDIA, CHERTHALA. R1 & R2 BY SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE BY ADV. SRI.A.S.SAJUSH PAUL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 32728 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 27th day of October, 2010 JUDGMENT Challenge in this writ petition is against proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the SARFAESI Act). 2. It is noticed that the respondent had issued Ext.P1 notice, which is only a demand under section 13(2) of the SARFAESI Act. Under the provisions of section 13(3A) the borrower has got a remedy to file objection/representation against such demand. 3. In the case at hand, the petitioner is only raising a dispute regarding correctness of the demand and further he is seeking permission for payment of the balance amount actually due, in instalments within a short period. These are matters which the petitioner can raise before the authorized officer, as provided under section 13(3A). It is noticed that the respondent will be at an obligation to consider such W.P.(C) No. 32728/2010 2 objection/representation if any submitted and to take a decision thereon. 4. Under the above circumstances, the writ petition is disposed of relegating the petitioner to approach the appropriate authority among the respondents. Even though it is noticed that the time stipulated for raising objection against Ext.P1 has already been lapsed, the petitioner is permitted to submit objection/representation against Ext.P1 within a period of two weeks from today. The respondents are directed to consider such objection/representation if any filed, as directed above, and to take a decision thereon. 5. Needless to say that further steps of recovery under the SARFAESI Act can be proceeded only after taking a decision as directed above, and intimating the same to the petitioner. C. K. ABDUL REHIM, JUDGE. mn.