IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11407 of 2009 BULU DEVI Versus UNITED COMMERCIAL BANK & ORS ----------- 2 4.9.2009 Heard the learned counsel for the parties. The petitioner was granted cash credit facilities of Rs.15/- lacs by Branch Manager,U.C.B., Baunsi Branch, Banka, the respondent bank. The petitioner defaulted in payment of loan. The petitioner states that he received a possession notice from the bank on 24.10.2007 for payment of Rs.19,72,255/-. The petitioner states that she gave representation on 29.8.2008 mentioning therein that she would be repaying loan in instalment of Rs.25,000/- per month as also not to charge any interest thereon. The bank also agreed to it. The petitioner started repaying the loan. The petitioner states that in the meantime she received a notice from Special Lok Adalat, Bhagalpur/ Banka for possible settlement regarding payment of loan. The petitioner submits that she made offer to make payment of loan at the rate of Rs.25,000/- per month. Learned counsel submits that the respondent bank issued a letter dated 4.8.2009 by referring the Account Chart of the petitioner which shows that she could repay a sum of Rs.1,09,500/- within a period of four months, i.e., 20.3.2009 to 3.8.2009. Learned counsel for the bank submits that though the petitioner had undertaken to repay the loan at the rate of Rs.25,000/- per month from August, 2009 but still she had not repaid the loan. He - 2 - submits that the petitioner should have raised her grievance under section 13(4 ) of SRFAESI Act. After hearing the learned counsel for the parties this Court observes that it would be open to the petitioner to get the dispute settled with the respondent bank in accordance with law. In the meantime, no coercive step would be taken against the petitioner for six weeks subject to the payment of Rs.35,ooo/- per month. This writ application is disposed of with the aforesaid observation. (Samarendra Pratap Singh,J.) - 3 - - 4 - - 5 - - 6 - - 7 - - 8 - - 9 - - 10 - - 11 -