IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2851 of 2009(M)
1. K.C.CHACKO, S/O.CHACKO, AGED 62 YRS,
... Petitioner
2. GEORGE JOSEPH, AGED 50 YRS, S/O.JOSEPH,
Vs
1. THE AUTHORIZED OFFICER(CHIEF MANAGER,
... Respondent
2. STATE BANK OF TRAVANCORE, ERUMELI BRANCH
For Petitioner :SRI.GEORGE SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/01/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.2851 of 2009-M
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Dated this the 30th day of January, 2009.
JUDGMENT
The first petitioner is a co-obligant of a loan
availed by his son for educational purposes. The
second petitioner had mortgaged his property to
support that loan. The loan was availed in 2004
July for an amount of Rs.10 lakhs plus interest.
First petitioner’s son utilized that money for
studies in UK and is now stated to be employed.
There is delay in repayment and hence, the
impugned notice under Section 13(2) of the
SARFAESI Act has been issued. In terms of the
decision of the Apex Court in Mardia Chemicals
and others v. Union of India and others [(2004)
4 SCC 311], the petitioners have no right to
challenge the notice under Section 13(2). The
petitioners appear to be desirous to pay off the
outstandings and avert the distress action by
WP(C)2851/2009 -: 2 :-
further steps under Section 13(4). They also
offer that they would be prepared to remit even
at the rate of Rs.50,000/- as against the agreed
amount of Rs.17,000/- per month. These are all
matters which can be worked out between the bank
and the petitioners and judicial interference is
not called for. Hence, this writ petition is
dismissed without prejudice to the right of the
petitioners to seek redressal from the bank.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/100209