IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 30694 of 2010(J) -------------------------- PETITIONER(S): --------------- K.K.SUNIL KUMAR, AGED 44 YEARS, S/O.KUMARAN, KANNANCHERY HOUSE, MULAMKUNNATHUKAVU P.O., THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT(S): --------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK, SAHAKARANA SADHABDHI MANDIRAM, KOVILAKATHUMPADOM, THRISSUR, REPRESENTED BY ITS GENERAL MANAGER. 2. C.O.SEBASTIAN, AUTHORIZED OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, SAHAKARANA SADHABDHI MANDIRAM, KOVILAKATHUMPADOM, THRISSUR. 3. REMYA.T.R, W/O.SURESH, VELLANCHERY HOUSE, MULAMKUNNATHUKAVU P.O., THRISSUR. 4. SHAJI, S/O.SUBRAMANIAN, CHULLIPARAMBIL HOUSE, P.O.PERINCHERY, THRISSUR. 5. MALATHI, W/O.KUNJU, VELLANCHERY HOUSE, MULAMKUNNATHUKAVU P.O., THRISSUR. BY SRI.P.C.SASIDHARAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------- W.P(C) No.30694 of 2010-J ---------------------------- Dated this the 6th day of October, 2010. J U D G M E N T Challenge in this writ petition is against Exts.P1 and P4 notices issued under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is brought to my notice that the challenge is only against the notices issued under Section 13(2). As per the scheme of the statute, the petitioner has got a right to object such demand or to make any representation before the respondent Bank seeking indulgence for permitting payment of the balance amount within a reasonable time. Section 13(3A) insist upon the respondent Bank for a proper consideration of objections/representations if any received against such notices. Therefore, the writ petition filed challenging Exts.P1 to P4 is highly premature and deserves no consideration. 2. Under the above circumstances, reserving liberty to the petitioner to raise objections or to submit representations before the authorised officer on the basis of Exts.P1 to P4, this writ petition W.P(C) No.30694 of 2010-J 2 is dismissed. 3. It is made clear that the respondents shall take a decision if any objection/representation is submitted by the petitioner and further steps shall be proceeded only after intimating such decision to the petitioner. C.K.ABDUL REHIM JUDGE ab