IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9647 of 2010 MAHAMAYA DEVI, W/O SH. PITAMBAR JHA R/O MOHALLA- BENTA CHOWK, P.O. & P.S.- BENTA, LEHARIASARAI, DARBHANGA. ……..PETITIONER Versus 1. THE AUTHORIZED OFFICER, STATE BANK OF INDIA, DARBHANGA MEDICAL COLLEGE BRANCH, DARBHANGA 2. THE BRANCH MANAGER, STATE BANK OF INDIA, DARBHANGA MEDICAL COLLEGE BRANCH, DARBHANGA. ………RESPONDENTS For the petitioner : Mr. Umapati Jha, Advocate. For S.B.I. : M/s Kaushlendra Kr. Sinha and Sunil Kumar Singh, Advocates. ----------- 04/ 29.11.2010 Heard learned counsel for the petitioner and learned counsel for the respondent State Bank of India and its authorities. This writ petition has been filed by the petitioner for restraining the respondents from selling the residential house of the petitioner situated in Mohalla Benta, Laheriasarai in the district of Darbhanga under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for the sake of brevity) and to provide an opportunity to the petitioner to repay the dues of the Bank in instalment after settling the matter on compromise. The short admitted fact is that the petitioner is mother of the student Shikha Jha, who had taken education loan from the respondent Bank and the said loan amount could not be paid during the period fixed due to reasons mentioned by the petitioner in her writ petition and hence steps and measures were taken by the authorities 2 concerned under the provisions of section 13(4) of the Act. Only thereafter this writ petition has been filed by the petitioner for the aforesaid reliefs. If the petitioner is aggrieved by the measures taken by the authorities under section 13 (4) of the Act, she could have filed an appeal under section 17 of the Act and the said remedy is still available to the petitioner before the Debt Recovery Tribunal. So far the prayer of petitioner for directing the authorities to settle the matter through compromise fixing easy instalments for paying of the aforesaid education loan is concerned, this court cannot force anyone either the petitioner or the respondents to enter into compromise by fixing easy instalments, rather it is for the petitioner herself to approach the authority concerned for the said purpose. If the petitioner files such an application before the authority concerned along with a copy of this order within fifteen days from today, the authority concerned shall consider the matter sympathetically and decide it expeditiously preferably within a period of thirty days from the date of filing of the said application, as the petitioner had all the intentions to pay the said amount but she could not do so due to serious predicaments, especially as two of her daughters were studying abroad and she had to bear the expenses. With the aforesaid observations/directions, this writ petition is disposed of. Harish (S.N. Hussain, J.)