IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7657 of 2009(B) ------------------------------------- PETITIONER: ------------------- P.N. AJITH PRASAD, S/O.PADIKKARA MARUDEVI AMMA, PADIKKARA HOUSE, KANIAMBETTA VILLAGE, VARADOOR., WAYANAD. BY ADV. MR.S.M.PRASANTH. RESPONDENTS: ------------------------ 1. PUNJAB NATIONAL BANK, REPRESENTED BY IT'S BRANCH MANAGER, KALPETTA BRANCH, WAYANAD DISTRICT. 2. THE AUTHORIZED OFFICER, PUNJAB NATIONAL BANK, CIRCLE OFFICE, SHADAPTHI BHAVAN,MINI BYE PASS ROAD, GOVINDAPURAM, KOZHIKODE, PIN.673016 3. THE GENERAL MANAGER, DISTRICT INDUSTRIAL CENTRE, WAYANAD, MUTTIL.P.O.,KALPETTA, WAYANAD DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.7657 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of March, 2009. JUDGMENT The petitioner challenges a recall notice under Section 13(2) of the SARFAESI Act and the demand made thereby. He has different claims against the bank, including that the bank had caused loss to the petitioner on certain actions of the Manager in refusing to do the needful so that the petitioner could have availed certain subsidy measures from the Khadi Board. As of now, no measure has been taken under Section 13(4). I do not deem it necessary for this Court, as of now, to entertain this writ petition on the contentions relating to liabilities inter se the parties on terms of contract. Hence, this writ petition is dismissed without prejudice to the right of the petitioner to challenge any measure that may be taken by the bank. I am also not WP(C)7657/2009 -: 2 :- inclined to issue any further order since the petitioner is not even willing to deposit Rs.3 lakhs by the end of March, 2009 as against the amount of Rs.9,25,252/- as on 31.12.2008. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160309