IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 5053 of 2011(F) ------------------------------------- PETITIONER: ------------------- SAJI POULOSE, W/O.K.C.POULOSE, KURIYAPPILLY HOUSE, POOVATHUSSERY,MALA, THRISSUR DISTRICT. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENTS: ------------------------ 1. M/S.FEDERAL BANK,MALA BRANCH,MALA, THRISSUR DISTRICT,REPRESENTED BY ITS BRANCH MANAGER,PIN-680 732. 2. DISTRICT MAGISTRATE (DISTRICT COLLECTOR), CIVIL STATION,AYYANTHOLE,THRISSUR, PIN-680 003. R2 BY GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 5053 of 2011 --------------------------------- Dated this the 18th day of February, 2011 JUDGMENT Challenge in this writ petition is against Ext.P3 notice issued under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). Going by scheme of the statute, the petitioner has got an effective remedy against the demand raised under section 13(2) to file objection as contemplated under section 13(3A). It is further evident that if any objections or representations is filed, the respondent Bank is at an obligation to consider the same and to give a reply to the borrower/guarantor. 2. Under such circumstances, I am of the view that the writ petition is highly premature. Petitioner is given liberty to approach the authorised officer with appropriate objections/representations against Ext.P3 notice. 3. Needless to say that if any such objection is received, the respondent shall consider the same and take a decision thereof, if no further steps has already been taken, WP(C) .5053/2011 2 despite the fact that the statutory period stipulated under section 13(3) had expired. The writ petition is disposed of with the above observations. C.K.ABDUL REHIM,JUDGE pmn/