IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 30750 of 2010(P) -------------------------------------- PETITIONER: ------------------- SRI.KOLERI CHOYI, S/O.KONDA, AGED 62 YEARS, KOLERI HOUSE, PARIYAPURAM, MORYAM, P.O.THANUR, MALAPPURAM DISTRICT. BY ADV. SRI.NIRMAL. S. RESPONDENT: ---------------------- THE GENERAL MANAGER (AUTHORISED OFFICER), MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, UPHILL, MALAPPURAM, PIN: 676 505. BY SRI. V. KRISHNA MENON, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 30750 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of October, 2010 JUDGMENT Challenge in this writ petition is againstExt.P1 notice, which is issued under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is averred in the writ petition that the petitioner could not effect regular repayments because of unforeseen situations like illness of his mother, etc. According to him he is ready and willing to pay off the entire liability, provided sufficient time is granted for effecting payment in instalments. 2. It is noticed that under the Scheme of the Statute on receipt of a demand under section 13(2), the petitioner is at liberty to approach the respondent Bank with any representation or objection touching the contents of such demand. Further, the Bank is at an obligation to consider such objection/representation under the provisions of section 13(3). W.P.(C) No. 30750/2010 2 3. Under the above circumstances, this writ petition cannot be entertained since it is only a premature stage. It is made clear that the petitioner will be at liberty to approach the respondent bank with proper objection/representation against Ext.P1. If any such approach is made within a period of ten days from today, the respondent Bank shall consider the same and pass appropriate orders thereon. Needless to say that the Bank is entitled to proceed with further steps only on communication of such decision to the petitioner. The writ petition is disposed of with the above observation. C. K. ABDUL REHIM, JUDGE. mn.