IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 1883 of 2011(I) ------------------------- PETITIONERS: -------------------- 1. V.RAMAN, S/O.KARIATHAN, SMITHA NIVAS, VIDYARANGADI P.O., KOZHIKODE DT., PIN 673 633. 2. BABY, W/O.V.RAMAN, S/O.KARIATHAN, SMITHA NIVAS, VIDYARANGADI P.O., KOZHIKODE DT., PIN 673 633. BY ADV. SRI.E.NARAYANAN RESPONDENTS: --------------------- 1. THE UNION BANK OF INDIA, REPRESENTED BY THE ASSISTANT GENERAL MANAGER, REGIONAL OFFICE, KOZHIKODE, FIRST FLOOR, KSHB COMPLEX, VIKAS NAGAR, EAST HILL ROAD, KOZHIKODE-06. 2. THE UNION BANK OF INDIA, PETTA BRANCH, REPRESENTED BY ITS BRANCH MANAGER, FEROKE, PIN 673631. 3. V.R.BIJU, S/O.RAMAN, SMITHA NIVAS, VAIDYARANGADI P.O., RAMANATTUKARA, KOZHIKODE DT. PIN 673633. 4. K.ANEESH, S/O.RADHAKRISHNAN VYDYAR, CHOTHI HOUSE, THENHIPALAM P.O., MALAPPURAM DT. PIN 673636. 5. N.V.SHAHUL HAMEED, S/O.N.V.MUHAMMED, KOTAKKULANGRA HOUSE, THONDIKKADAVU, OLAVANNA P.O., PIN 673 025. 6. JAGAN NATH, S/O.JANARDHANAN SREYAS HOUSE, RAHMAN BAZR, KOLATHARA PO, KOZHIKODE, PIN 673655. (..........2) -: 2 :- 7. MOHAMMED BASHEER, S/O.MOIDEEN, MACHINGAL HOUSE, AYIKKARAPPADI P.O., MALAPPURAM DT., PIN 673633. R1 & R2 BY STANDING COUNSEL SRI.A.S.P.KURUP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = = WP(C).No.1883 of 2011-I. = = = = = = = = = = = = = Dated this the 24th January, 2011. J U D G M E N T Challenge in this writ petition is against Ext.P2 notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). According to me, this writ petition is highly premature since the petitioners have got effective remedy to object the demand raised in Ext.P2 or to approach the respondent bank with any representation offering payment of the amount. 2. Learned standing counsel appearing for the bank pointed out that the 60 days period stipulated under Ext.P2 has not been expired since it was issued only on 26.11.2010. However, I make it clear that if the petitioners approach the Bank with any objection/representation within a period of two weeks from today, the same shall be considered by the bank and appropriate decision shall be WP(C).No.1883 of 2011-I. 2 taken after issuing notice to respondents 3 to 7, who are the borrowers in the loan transaction. 3. Needless to say that further proceedings under the SARFAESI Act shall not be taken before taking a decision as directed, if the petitioners submit any objection/ representation before the time stipulated and without intimating such decision to the petitioners. The writ petition is disposed of as above. C.K.ABDUL REHIM, (Judge) Kvs/-