IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 179 of 2008 (M/S) Swapnil Shankar S/O Sri Rama Shankar, R/O G-17, Sector 27, Noida, District Gautam Budh Nagar (U.P.) and another. …… Petitioners. Versus Punjab National Bank through its Branch Manager, Branch Mayapur, Haridwar and another. … Respondents. Sri Diwakar Chamoli and Sri D.S.Mehta , learned counsel for the petitioners. None is present on behalf of the respondents-Bank. Date May 14, 2008. Hon’ble B.S.Verma, J. Heard Sri Diwakar Chamoli and Sri D.S.Mehta, learned counsel for the petitioners and perused the record. The petitioners have filed supplementary affidavit today in the Court. The same is taken on record. On 22-1-2008, Sri Siddhartha Sah, Advocate, holding brief of Sri Sharad Sharma, had appeared on behalf of the respondents-Bank before Vacation Court and had sought four weeks’ time to file counter affidavit. No counter affidavit was filed so far and none has appeared today in the Court on behalf of the respondents. This writ petition has been filed to issue a writ of certiorari quashing the impugned notice dated 8-9-2007 (Annexure No. 3) issued by the respondents. Prayer for writ of mandamus directing the respondents to permit the petitioners to deposit/repay the loan amount by way of instalment of Rs. 11,000/- per month as per terms and condition of loan policy has also been made. According to the petitioners, petitioner no. 1 took an education loan of Rs. 6,90,000/- on 4-8-2002 from the respondent Bank and the petitioner no. 2 is the guarantor of the said loan. The 2 petitioner no. 1 has completed his education from Switzerland, but he could not get any suitable job and he is still unemployed. According to the terms and conditions of loan, the amount was to be repaid in 84 monthly instalments starting from two years after completion of studies or one month after getting employment whichever is earlier. The petitioner no. 1 has paid amounts of Rs. 2,50,000/- on three different dates as mentioned paragraph no. 9. The respondent has sanctioned the education loan in the personal security of the borrower and security of one guarantor deposited the title deed of petitioner no. 2. The respondents has sent registered notice on 8-9-2007 to petitioner no.2 mentioning therein that the Bank would take possession of the property and may sell the same to liquidate its debt with entire cost vide Annexure No.3. The petitioner no. 1 is ready and willing to repay the entire outstanding amount of loan to the respondent Bank as per term and conditions, i.e. Rs. 11,000/- per month. Along with the Supplementary Affidavit, the petitioners have annexed copy of receipt of payment of Rs. 1,50,000/- made by them on 12-5-2008 to the Bank to show that the Bank has received the said amount towards part payment of outstanding loan amount. In the circumstances of the case, the petitioners are given liberty to make a representation before the respondents-Bank for seeking facility of payment of loan amount in instalments, if so advised. If the representation is made by the petitioners for grant of instalment facility to the respondents-Bank, the respondents-Bank may consider the same and may pass appropriate orders thereon. With the above observation, the writ petition is disposed of finally. Certified copy of this order be issued to the learned counsel for the petitioners today on payment of usual charges. ( B.S.Verma, J. ) RCP 3 4