IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 5522 of 2011(M) --------------------------------- PETITIONER(S): ------------------- MANOJ K., S/O. LATE GOPI, AGED 31 YEARS, KADAMPATT HOUSE, P.O.ENKEKKAD, WADAKANCHERY, PIN-680 589, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): -------------------- 1. THE CATHOLIC SYRIAN BANK LTD., WADAKANCHERY BRANCH, WADAKANCHERY P.O., THRISSUR DISTRICT, REP. BY ITS MANAGER, PIN-680 582. 2. AUTHORISED OFFICER, SARFAESI ACT, THE CATHOLIC SYRIAN BANK LTD., ZONAL OFFICE, ST.MARY'S COLLEGE ROAD, THRISSUR-680 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.5522 of 2011-M ---------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T The petitioner is challenging the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is noticed that the proceedings is only at the stage of demand notice as contemplated under Section 13(2). According to the petitioner he had submitted Ext.P2 objections/representations on receipt of such demand notice. 2. Going by scheme of the statute, it is evident that if any objection/representation is filed by the borrower or the guarantor, within the time stipulated, the respondent Bank is at an obligation to consider the same and to give a reply. It is also noticed that if the petitioner has got any further grievance, statutory remedy is provided under Section 17(1) of the Act. 3. Under the above circumstances, it is highly W.P(C) No.5522 of 2011-M 2 premature for this Court to entertain the writ petition raising challenges against the steps initiated under Section 13(2). Therefore, the writ petition is dismissed. However, it is made clear that if Ext.P2 objection has been received, the respondent shall consider and give a reply to the petitioner before proceeding with further steps. C.K.ABDUL REHIM JUDGE ab