Biju.A. Aged 33 Years vs The Idukki District Co-Op. Bank … on 2 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34602 of 2009(U)


1. BIJU.A. AGED 33 YEARS, S/O.LATE
                      ...  Petitioner
2. ANANDAVALLI AMMA, AGED 58 YEARS

                        Vs



1. THE IDUKKI DISTRICT CO-OP. BANK LTD.,
                       ...       Respondent

2. THE BRANCH MANAGER, THE IDUKKI DISTRICT

3. AUTHORIZED OFFICER (UNDER SARFAESI ACT)

                For Petitioner  :SRI.TOM JOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :02/12/2009

 O R D E R
                     C.K.ABDUL REHIM, J.

                     ------------------------------
                   W.P.(C).No.34602 OF 2009
                     ------------------------------

           Dated this the 2nd day of December, 2009


                          J U D G M E N T

———————-

The writ petition is filed challenging Ext.P5 notice issued

under Section 13(2) of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002

(SARFAESI Act). Since the petitioner has got remedy provided

under the statute to file objections against the said notice, it is

highly premature for this court to consider. Therefore the writ

petition is dismissed without prejudice to right of the petitioner

to file objections against Ext.P5 notice. All contentions raised in

this writ petition are left open for challenge.

C.K.ABDUL REHIM, JUDGE.

okb