IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35893 of 2008(W) -------------------------- PETITIONER: --------------- MATHEWKUTTY VARGHESE, KORAYIL HOUSE, KATTAPPANA.P.O. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: --------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD, P.B.NO.6514, COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY ITS CHIEF GENERAL MANAGER. 2. THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD, IDUKKI BRANCH. 3. AUTHORISED OFFICER, REGIONAL OFFICE, KERALA CO-OPERATIVE BANK LTD, DORAISWAMY IYER ROAD KOCHI-682 035. 4. REGISTRAR OF CO-OP.SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OP.SOCIETIES, THIRUVANANTHAPURAM. 5. STATE OF KERALA REPRESENTED BY THE SECRETARY TO CO-OP.DEPARTMENT SECRETARIATE, THIRUVANANTHAPURAM. 6. UNION OF INDIA REPRESENTED BY THE SECRETARY TO FINANCE DEPARTMENT, NEW DELHI. BY ADV. SHRI. NAGARAJ NARAYANAN FOR R1 & R2 GOVT. PLEADER SHRI.K.C.SANTHOSH KUMAR FOR R4 & R5 ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------- W.P(C)No.35893 of 2008-W --------------------------------------------- Dated this the 4th day of December, 2008. J U D G M E N T The petitioner submits that he is a defaulter of loan availed from the first respondent. Following Ext.P2, the petitioner has placed Ext.P4, in reply to Ext.P3 notice under Section 13(2) of SARFAESI Act. Under normal circumstances, the said notice does not give any cause of action for a litigation, in the light of the law laid by the Apex Court in Mardia Chemicals Ltd. & others Vs. Union of India & others (2004(4) SCC 311). The case in hand however, shows that the petitioner's building caught fire and according to him, he sustained certain loss. I am surprised that even according to the bank, the hypotheticated building is not insured, at least at its instance. Having regard to the peculiar facts and circumstances, it is directed that Ext.P4 will be considered by the Board of the 1st respondent at the earliest and appropriate decision taken. In the meanwhile, there will be no further distress action against the petitioner, if he pays an amount of Rs.3,00,000/- within a period of four weeks. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, ab 4/12 JUDGE