IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 35653 of 2010(F) ----------------------------------------- PETITIONER(S): ------------------------- 1. A.ANAND, S/O.KARTHIKEYAN, AGED 48, RESIDING AT AMBALI, WEST HILL P.O., PUTHIYANGADI AMSOM AND DESOM OF KOZHIKODE TALUK. 2. SHEEJA ANAND, W/O.A.ANAND, RESIDING AT AMBALI, WEST HILL P.O., PUTHIYANGADI AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): --------------------------- 1. THE FEDERAL BANK LTD., REPRESENTED THE BRANCH MANAGER, CHEROOTTY ROAD, CALICUT-32. 2. THE GENERAL MANAGER, THE FEDERAL BANK LTD., REGISTERED OFFICE, ALUVA-683 101. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL), SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. = = = = = = = = = = = = = WP(C).No.35653 of 2010-F. = = = = = = = = = = = = = Dated this the 17th January, 2011. J U D G M E N T The matter is only at the stage of issuing notice as contemplated under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is stated that the petitioner had already approached the respondent bank seeking settlement of the matter through a proposal for payment of the arrears. Under such circumstance I am of the view that the writ petition can be closed reserving liberty to the petitioner to pursue such remedy. It is also made clear that the petitioner will be at liberty to seek appropriate relief if further coercive steps is initiated. 2. Therefore the respondent bank is directed to consider the representation made by the petitioner with respect to the proposal for settlement of the account and shall take a decision with due intimation to the petitioner. The writ petition is disposed of with the above discretion. C.K.ABDUL REHIM, (Judge) Kvs/-