IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 4503 of 2011(K) ------------------------- PETITIONER: ------------------- N.K.RAMA VARMA, SREE VALSAM, I.T.I.ROAD, KUTHIRAVATTOM, KOZHIKODE. BY ADV. SMT.VIJAYAKUMARI RESPONDENT(S): --------------- 1. STATE BANK OF MYSORE, REPD. BY ITS BRANCH MANAGER, 1ST FLOOR, CHIRAKKAL COMPLEX, LINK ROAD, KOZHIKODE-673001. 2. THE ASSITANT GENERAL MANAGER, STATE BANK OF MYSORE, COIMBATORE REGION, OPPANAKARA STREET, COIMBATORE-721222. 3. AUTHORISED OFFICER, STATE BANK OF MYSORE, 1ST FLOOR, CHIRAKKAL COMPLEX, LINK ROAD, KOZHIKODE-673001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Ke C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 4503 of 2011 --------------------------------- Dated this the 11th day of February, 2011 JUDGMENT In view of the relief I am proposing to grant, there is no necessity to issue notice to the respondents. 2. Challenge is against Ext.P5 notice issued under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). The statute provides an effective remedy to the petitioner to file objections/representations against Ext.P5. It is stated that the petitioner had submitted Ext.P7 representation on 21.1.2011, seeking instalment facility to make payment of amounts pending overdue for payment and to permit regularisation of the account. If any such objection is received within the time stipulated it is obligatory on the part of the respondent Bank to consider the same and to give a reply. 3. Under such circumstances, I am of the view that even if Ext.P7 is not filed within the time stipulated, the 3rd respondent can be directed to consider the same, provided no further steps WP(C).4503/2011 2 has already been taken and provided Ext.P7 was already received by that authority. 4. Therefore the writ petition is disposed of directing the 3rd respondent to consider and take an appropriate decision, if Ext.P7 is already received by any of the respondents and to intimate such decision to the petitioner, if no further steps pursuant to Ext.P5 is not already taken. 5. It is made clear that disposal of this writ petition as above will not cause any prejudice to rights if any available to the petitioner to challenge further steps, and all the contentions raised herein are left open for agitation. C.K.ABDUL REHIM,JUDGE pmn/ WP(C).4503/2011 3