WP(C) NO. 31040 OF 2023 1 2025:KER:26111 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 31040 OF 2023 PETITIONER: JAYAPRAKASAN K., AGED 49 YEARS S/O. GOPALAN, KADALIYIL HOUSE, THRIKANDIYUR P.O., TIRUR, MALAPPURAM DISTRICT, PIN - 676104 BY ADV C.M.MOHAMMED IQUABAL RESPONDENTS: 1 THE KERALA STATE CO-OPERATIVE BANK (ERSTWHILE MDC BANK), MANJERI ROAD, UP-HILL, MALAPPURAM, REPRESENTED BY ITS MANAGER, PIN - 676505 2 THE MANAGER, THE KERALA STATE CO-OPERATIVE BANK (ERSTWHILE MDC BANK), TIRUR MAIN BRANCH, TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101 3 THE AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK (ERSTWHILE MDC BANK), MANJERI ROAD, UP-HILL, MALAPPURAM, PIN - 676505 BY ADV GILBERT GEORGE CORREYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31040 OF 2023 2 2025:KER:26111 JUDGMENT This Writ Petition was filed at a stage when a notice under section 13(2) of the SARFAESI Act had been issued to the petitioner by the respondent bank. According to the petitioner, the petitioner has filed Ext.P3 and objection to the notice issued under section 13(2) and has also requested for one time settlement. The Writ Petition initially came up for consideration before this Court on 21.09.2023. Thereafter it was listed only on 21.03.2025 on which date it was adjourned to be listed today. 2. Taking into consideration, the aforesaid facts, this Writ Petition will stand disposed of directing that if further steps under the SARFAESI Act had not been taken and if a suitable reply has not been given to Ext.P3, the Authorized Officer of the respondent bank shall consider Ext.P3 and give a suitable reply to Ext.P3 before proceeding further with the proceedings under the SARFAESI Act. This Writ Petition is disposed of accordingly. GOPINATH P. JUDGE Nsd WP(C) NO. 31040 OF 2023 3 2025:KER:26111 APPENDIX OF WP(C) 31040/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE LOAN PASSBOOK ISSUED BY THE 2ND RESPONDENT DATED 04.04.2017 Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT DATED 13.07.2023 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.09.2023