IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 32958 of 2010(T) --------------------------------------- PETITIONER(S): ----------------------- P.T.SREEDAS, S/O.THANKAPPAN, 'GIRIJA', ERAVATHOOR, MALA, THRISSUR DISTRICT. BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SHUBHA ABRAHAM SMT.N.ASWATHY RESPONDENT(S): -------------------------- 1. INDIAN BANK, EAST NADA, KODUNGALLOOR - 680 664, REPRESENTED BY ITS MANAGER. 2. THE CHIEF MANAGER, (AUTHORISED OFFICER UNDER SARFAESI ACT), INDIAN BANK, CIRCLE OFFICE, CHITTOOR ROAD, ERNAKULAM - 682 035. R1 & R2 BY ADV. SRI. S.SREEKUMAR, SC FOR INDIAN BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 32958 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of October, 2010 JUDGMENT Challenge in this writ petition is against the proceedings initiated under the the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 2. Consequent to default committed in repayment of an 'Agricultural Medium Term Loan' availed by the petitioner from the respondent Bank, steps under the SARFAESI Act were initiated. Ext.P1 is the notice issued under section 13(2). According to the petitioner, he had filed reply/objection to the notice, as per Ext.P2. It is noticed that if any reply/objection is received against the demand under section 13(2), the respondent Bank is at an obligation to consider the same and to take a decision thereon. Since the petitioner had already submitted Ext.P2 against Ext.P1 notice, it is for the respondent Bank to consider such objection/representation. W.P.(C) No. 32958/2010 2 3. Therefore, the writ petition is disposed of directing the 2nd respondent to consider Ext.P2 and to take a decision thereon. 4. Needless to say that further proceedings under the SARFAESI Act can be proceeded only after communicating such decision to the petitioner. C. K. ABDUL REHIM, JUDGE. mn.