IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 3046 of 2010(E) ------------------------- PETITIONER: --------------- SUNIL SABU.M., S/O. M.V.SEBASTIAN, AGE 38 YERS, MALIYEKKAL MULAKKAN HOUSE, KUTTUMUKKU ROAD, CHEROOR, THRISSUR DISTRICT. PIN-680008. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: --------------- 1. THE SYNDICATE BANK, REPRESENTED BY ITS CHIEF MANAGER (AUTHORIZED OFFICER), PALACE ROAD, THRISSUR, PIN-680020. 2. THE DEPUTY GENERAL MANAGER, SYNDICATE BANK, REGIONAL OFFICE, FIRST FLOOR, PIONEER TOWERS, SHNMUGHAM ROAD, KOCHI. 3. THE AGRICULTURAL OFFICER, SYNDICATE BANK, REGIONAL OFFICE, FIRST FLOOR, PIONEER TOWERS, SHNMUGHAM ROAD, KOCHI. 4. THE MANAGER, SYNDICATE BANK, BRANCH THRISSUR, PALACE ROAD, PIN-680020. BY SRI.R.S.KALKURA SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.3046 of 2010-E ---------------------------- Dated this the 30th day of January, 2010. J U D G M E N T The petitioner is aggrieved of the coercive steps stated as being pursued by the respondent bank against the petitioner, invoking the machinery under the SARFAESI Act, which according to the petitioner is not correct or sustainable, for many a reason as projected in the Writ Petition. 2. Heard the learned counsel appearing for the respondents as well. 3. The counsel for the petitioner submits that the course and conduct pursued by the concerned Branch Manager (the fourth respondent) has already been highlighted and sought to be redressed by filing Ext.P5 representation before the second respondent and that the same is pending. The limited relief now prayed for, is only to have it considered and finalised as expeditiously as possible. The learned counsel appearing for the bank also submits that there is absolutely no objection in this regard. W.P(C) No.3046 of 2010-E 2 4. In the above facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Ext.P5 representation preferred by the petitioner, after giving an opportunity of hearing, which shall be finalised as expeditiously as possible. The bank will be at liberty to proceed with further steps, subject to the outcome of the order to be passed on Ext.P5. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab