IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 749 of 2009(L) ------------------------ PETITIONER(S): --------------- 1. T.S.THULASEEDHARAN S/O. SANKU EZHUTHASSAN, THAZHATHETHIL HOUSE CHENNANGAD, KOTTAYI PO, PALAKKAD DISTRICT. 2. REMADEVI, W/O.THULASEEDHARAN TS THAZHATHETHIL HOUSE CHENNANGAD, KOTTAYI PO, 3. RAMANKUTTY, S/O. SANKARAN EZHUTHASSAN THAZHATHETHIL HOUSE CHENNANGAD, KOTTAYI PO, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): --------------- 1. THE FEDERAL BANK LIMITED REGIONAL OFFICE, MISSION QUARTERS THRISSUR 680001, REPRESENTED BY ITS CHIEF MANAGER (AUTHORISED OFFICER) 2. THE FEDERAL BANK LIMITED MATHUR BRANCH, PALAKKAD DISTRICT, REPRESENTED BY THE MANAGER. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.749 OF 2009 ------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT This petitioners were served with Exts.P1 and P2 notices under Section 13(2) of the SARFAESI Act. The first petitioner made Ext.P3 reply. It is stated by the learned counsel for the bank that on 9.1.2009 the bank issued further reply to Ext.P3, pointing out that there was a duplication and that on rectification of the error in the demand, the total outstandings covered by Section 13(2) proceedings are relatable only to three accounts. Being at the stage of Section 13(2), the petitioners really do not have a legal right to remedy either before a statutory authority or before a writ court, having due regard to the law laid by the Apex Court in Mardia Chemicals Ltd. & Others v. Union of India & Others {2004 (4) SCC 311}. With the reply that the petitioners had got, it will be open to them to inquire with the bank. They would have adequate remedies if measures are taken under WPC.749/09 Page numbers Section 13(4) of the Act. The writ petition is dismissed without prejudice to that course. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.