IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35276 of 2008(Y) -------------------------- PETITIONER(S): --------------- K.Y.THOMASKUTTY S/O.YOHANNAN, 45 YEARS KULAMANKUZHI PUTHEN VEEDU PANDITHITTA MURI, THALAVOOR VILLAGE PATHANAMTHITTA TALUK. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, KOTTARAKKARA MAIN BRANCH, KOTTARAKKARA-691506. REP,.BY ITS BRANCH MANAGER. 2. AUTHORISED OFFICER (CHIEF MANAGER) STATE BANK OF TRAVANCORE, KOTTARAKKARA-691506. BY ADV.SRI.SAJI VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.35276 OF 2008 ------------------------------------------- Dated this the 28th day of November, 2008 JUDGMENT Heard learned counsel for the petitioner and learned standing counsel for the respondent bank. The petitioner faced certain notices under Section 13 (2) of the SARFAESI Act. There are other co-obligants also who are not on the array of parties herein. However, the fact remains that the quality of any charge against proceedings under Section 13 (2) is extremely limited. In fact, going by the decision of the Apex Court in Mardia Chemicals Ltd. & Others v. Union of India & Others {2004 (4) SCC 311}, there is no room for a judicial review or for intervention by any Tribunal on the issuance of a Section13 (2) notice. Learned counsel for the petitioner states that even after the issuance of Section 13 (2) notice, remittances were there and the account in question is no more one that could continue to be classified as an NPA. This is a matter that the bank has to consider. Unfortunately, the WPC.35276/08 Page numbers petitioner has not replied to the notice under Section 13 (2). But it is not as if the bank could always ignore the realities, if, as a matter of fact, the account has been retrieved from the status of NPA. Under such circumstances, this writ petition is disposed of directing that if the petitioner makes appropriate reply to the Section 13 (2) notice, that would be considered to determine whether other proceedings are required to be taken, if the account has been retrieved from the NPA status. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.