IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 W.A.No. 1801 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.5544/2008 DATED 04/03/2008 .................... APPELLANT/PETITIONER: ------------------------------------- T.N.RAJESH, VISALA BHAVAN P.D.ROAD, PALURUTHY, COCHIN-682 006. BY ADV. SRI.BABU CHERUKARA RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. CHIEF MANAGER, (AUTHORISED OFFICER) STATE BANK OF INDIA, STRESSED ASSETS RESOLUTION CENTRE, ERNAKULAM, PIN-682 011. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. R1 BY ADV.SRI.K.K..CHANDRAN PILLAI R2 BY SR.GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------- W.A. No. 1801 of 2008 ------------------------------------------ Dated, this the 4th day of September, 2008 JUDGMENT H.L.Dattu, C.J. Being aggrieved by an harmless order passed by the learned Single Judge in W.P.(C) No.5544 of 2008 dated 4th March, 2008, the petitioner in the writ petition has presented this writ appeal. (2) In the writ petition filed, the petitioner had called in question the notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the Act' for short). (3) In our view, the learned Single Judge ought not to have interfered with Section 13(2) notice issued by the first respondent Bank. (4) The Statute provided that if for any reason a person is aggrieved by the notice issued under Section 13(2) of the Act by a financial institution, he is expected to file his objections, if any, to the notice issued. If such objections are filed, it is expected of the first respondent Bank to pass an appropriate order. If for any reason, the petitioner/appellant is aggrieved by that order, he is expected to file an appropriate appeal/application before the appellate Tribunal under Section 17 of the Act. W.A.No.1801 of 2008 2 (5) In the instant case, the learned Single Judge, may be taking into consideration the financial difficulties pleaded by the petitioner, has granted some instalment facilities to the petitioner to pay up the amounts due to the first respondent Bank. (6) In our view, this harmless order passed by the learned Single Judge ought not to have been questioned by the appellant in this writ appeal. In that view of the matter, without going into the other details of the case, this writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns