IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 14683 of 2011(I) --------------------------------- PETITIONER(S): ------------------- 1. ROSAMMA JOSEPH,KALAYATHINALKUZHIYIL HOUSE,POOVARANY.P.O,PALA,PIN-686577. 2. KIRAN JOSE,KALAYATHINALKUZHIYIL HOUSE, POOVARANY.P.O,PALA,PIN-686577. BY SRI.RAJU JOSEPH, SENIOR ADVOCATE ADVS. SRI.GEORGE KUTTY MATHEW SRI.BABY THOMAS RESPONDENT(S): --------------------- 1. STATE BANK OF TRAVANCORE,REPRESENTED BY ITS MANAGER,POOVARANY BRANCH,P.B.NO-1,POOVARANY.PO PAIKA,PIN-686577. 2. THE AUTHORISED OFFICER,(CHIEF MANAGER (ADU)REGION NO.3,STATE BANK OF TRAVANCORE, ZONAL OFFICE,KOTTAYAM - 686 501. R1 & 2 BY ADV. SRI.SATHISH NINAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 14683/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, POOVARANY VILLAGE DATED 23/05/2011. P2: COPY OF THE RECEIPT SHARING PAYMENT OF WELFARE FUND CONTRIBUTION TO THE AGRICULTURAL WORKERS WELFARE FUND DATED 02/11/2010. P3: COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 01/01/2011. P4: COPY OF THE STATEMENT OF ACCOUNT ISSUED BY THE 1ST RESPONDENT DATED 11/05/2011. P5: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 01/03/2011. P6: COPY OF THE OBJECTION FILED BY THE PETITIONERS DATED 05/04/2011. P7: COPY OF NOTICE UNDER SECTION 13(4) OF THE ACT DATED 12/05/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.14683 of 2011 ------------------------------- Dated this the 8th day of June, 2011. J U D G M E N T Ext.P7 notice issued under Rule 8(1) of the Security Interest (Enforcement) Rules 2002, is under challenge in this writ petition. Through the said notice the petitioners were intimated about the steps taken as contemplated under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 2. One of the main contention raised by the petitioners is that the steps under Section 13(4) was proceeded with, in violation of mandatory procedure envisaged under Section 13(3A). It is the case of the petitioners that they have submitted objections to the demand made under Section 13 (2). It is stated that on receipt of Ext.P5 notice of demand, Ext.P6 objections was submitted. It is contented that, further steps under Section 13(4) was proceeded without considering such objections and without giving a reply as 2 W.P.(C).No.14683 of 2011 stipulated under Section 13(3A). Hence the petitioners seek interference of this Court to quash further steps under the SARFAESI Act. 3. Learned standing counsel appearing for the respondents submitted that, Ext.P6 objections was received by the Branch Manager. But further proceedings by issuing Ext.P7 notice was proceeded, because there was no signatures of the petitioners in Ext.P6. However, it is conceded that the non-consideration of Ext.P6 and non- issuance of a reply as required under Section 13(3A) was an omission and the respondents are proposing to rectify the same. Under the said circumstances, it is stated that the impugned proceedings now initiated will be withdrawn and fresh steps will be pursued only after compliance of the requirements under Section 13(3A). 4. The above submission is recorded and the writ petition is disposed of with liberty reserved to the respondents to take fresh proceedings. 3 W.P.(C).No.14683 of 2011 5. Learned counsel for the petitioners made a request to permit the petitioners to approach the Bank suggesting sale of certain items of properties leaving the residential property, at the first instance. It is left open to the petitioner to make such a request before the concerned authority, when fresh proceedings is initiated. It will be left open to the Bank to consider such request if any made and to take appropriate decision thereof. C.K.ABDUL REHIM, Judge ami/