IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18151 of 2009 SUDAMA RAM, son of Sri Lalu Ram, resident of Kurji Kothia, Vikas Nagar, Sadakat Ashram, P.O. + P.S. – Digha, District – Patna. Versus 1. PANJAB NATIONAL BANK through its Branch Manager, Punaichak Branch, Punaichak, Patna. 2. Branch Manager, Punjab National Bank, Punaichak Branch, Patna. 3. Authorized Officer, Punjab National Bank, Secured Creditor, Punaichak Branch, Patna. ----------- 03. 19.01.2010 Petitioner had taken a housing loan of Rs.2,50,000/-. In lieu of the said loan he had mortgaged the house in question and agreed to pay the loan amount on equated monthly instalments . All had been done till the year 2004 but thereafter for many a reasons there has been default forcing the bank to take action against him under the SARFAESI Act. When the matter reached the stage of auction sale of the house the petitioner rushed to the High Court praying for mercy and indulgence since there is only a dwelling house of the family. In the counter affidavit stand of the respondent bank is that there is a misstatement made on behalf of the petitioner that the housing loan is of Rs.2,50,000/-. In fact housing loan granted was Rs.3,50,000/- and the petitioner had paid till the year 2004. Thereafter nothing has been done by him and in August, 2007 the loan was declared as NPA and the outstanding dues on that particular date was Rs.2,70,976. To protect the interest of the bank thereafter steps have been taken in accordance with the law in this regard. 2 From the pleadings and the submissions no infirmity in the procedure of law is pointed out. Petitioner however has shown some interest in paying back the loan amount but in instalments. That is not a matter for this court to fix or decide. Learned counsel for the respondents thereafter submits that there are certain guidelines issued by the Reserve Bank of India in matters of re-scheduling and repayment of housing loans if it is declared NPA. The guidelines are there for the bank to follow. The parameters laid down therein will be made applicable to be petitioner provided he shows his interest in this regard by meting his obligation first. The writ application is disposed of with liberty to the petitioner to approach the bank, sit down with them and the bank would be well advised, if the petitioner falls within the parameter of the guidelines issued by the RBI, to work out the ways and means of ironing out the outstanding loan and default which the petitioner is in and is not disputed. rkp ( Ajay Kumar Tripathi, J )