IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6274 of 2009(D) ------------------------- PETITIONER(S): --------------- BOBBY .V.XAVIER,AGED 33 YRS, V.A.XAVIER,VEVUKATTU HOUSE,MUTTINAKAM, VARAPUZHA-683 517. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1. CHIEF MANAGER (AUTHORISED OFFICER), REGIONAL OFFICE, FEDERAL BANK, FEDERAL TOWERS, MARINE DRIVE, ERNAKULAM. 2. MANAGER,FEDERAL BANK LIMITED, VARAPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 6274 OF 2009 ............................................ DATED THIS THE 26TH DAY OF FEBRUARY, 2009 JUDGMENT The petitioner seeks relief in relation to a notice under Section 13(2) of SARFAESI Act. Going by the law laid down by the Apex Court in Mardia Chemicals V. Union of India(2004 (4) SCC 311), petitioner do not have a right to challenge the issuance of Ext.P2. Petitioner's contention is that Ext.P2 has been issued in reply to Section 13(2) notice. It is for the bank to consider it. Even otherwise, the petitioner's right is only to challenge a measure under Section 13(4) and not before that. Writ petition fails. It is accordingly dismissed, without prejudice to the right to challenge the measure taken under Section 13(4) before the competent statutory authority. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/27/2