IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).NO. 35784 OF 2010(W) ----------------------------------------- PETITIONER(S): ------------------------ SADASIVA PANICKER, THETTIYAL PURADAM, ROADARIKATHU VEEDU, PARASALLA, TRIVANDRUM BY ADV. SRI.M.R.SARIN PANICKER. RESPONDENT(S): --------------------------- THE AUTHORISED OFFICER, TRIVANDRUM DIST. CO-OPERATIVE BANK, HEAD OFFICE, TRIVANDRUM, PIN-695 001. BY ADV. MR.K.G. BALAKRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.35784 of 2010 ------------------------------------------- Dated this the 30th day of November, 2010 J U D G M E N T ---------------------- This writ petition is filed aggrieved by Ext.P1 notice issued by the respondent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). As provided under Section 13(3) the petitioner has got opportunity to file objections/representations, on receipt of any demand under Section 13(2). 2. According to the learned counsel for the petitioner, the petitioner is ready and willing to pay off the liability provided sufficient period for payment in installments is allowed. It is for the petitioner to approach the respondent with such representations and if any such approach is made it is obligatory on the part of the respondent to take a decision and to intimate the same to the petitioner. Considering the facts and circumstances, W.P.(C).35784/10 -2- despite the fact that the period stipulated for filing objection had expired, I am of the view that interest of justice will be served if the petitioner is directed to approach the respondent bank and the bank to consider such representations/objections. 3. Under the above circumstances the writ petition is disposed of directing the petitioner to file objections/representations on Ext.P1 notice within a period of two weeks from today. If any such objection is filed, the respondent shall consider the same and take appropriate decision. Needless to say that further steps under the SARFAESI Act can be pursued only after intimating the decision to the petitioner. C.K.ABDUL REHIM, JUDGE. okb