IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 37890 of 2008(I) -------------------------- PETITIONER(S): --------------- 1. T.K.WILSON, PROPRIETOR, WILSON & CO, THOTTANATHU KATTAYIL, ARAYANKALATHURUTHEL, PERUMPADAVAM, ELANJI, ERNAKULAM DISTRICT. 2. CHERUPUSHPAM WILSON, ARAYAKALA THURUTHEL, PERUMPADAVAM, ELANJI. 3. DR.KURIAKOSE, PERIYAPURATHAYA ARAYANKALA THURUTHEL, ELANJI. BY ADV. SRI.V.N.SASIDHARAN SRI.ALEX.M.ARAYATH RESPONDENT(S): --------------- THE CHIEF MANAGER & AUTHORISED OFFICER, UNION BANK OF INDIA, P.B.NO.277, SASTHRI ROAD, KOTTAYAM. BY ADV.SRI.A.S.P.KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.37890 OF 2008 ------------------------------------------- Dated this the 1st day of January, 2009 JUDGMENT The impugned Ext.P1 is only a notice under Section 13(4) of the SARFAESI Act. Going by the settled position of law, the petitioners cannot challenge it before a court of law. At any rate, no writ is found necessary to be issued as sought for. The petitioners can prosecute Ext.P2 objection and seek relief. If the petitioners pay amounts appropriately in accordance with the demand, the bank will obviously not take any further action. The writ petition is, hence, dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.1/1.