IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2594 of 2010 AMARNATH PRASAD S/O LATE NARSINGH MAHTO, R/O NEW PROFESSOR COLONY DINKAR NAGAR, PS- REFINARY TOWNSHIP DISTT- BEGUSARAI------------------------PETITIONER Versus 1. REGIONAL MANAGER REGION OFFICE UCO BANK SONA JAGESHWAR COMPLEX, N.H.31 BEGUSARAI 2. AUTHORISED OFFICER UCO BANK SONA JAGESHWAR COMPLEX N.H.31, BEGUSARAI 3. BRANCH MANAGER UCO BANK IDC KAPASYA BRANCH,DISTT- BEGUSARAI----------------------------RESPONDENTS ----------- For the Petitioner: Mr. A.A. Khan, Advocate Mr. Raj Dular Sah, Advocate For the Respondent: Mrs. Nilu Agrawal, Advocate. -------------- 2 16.2.2010 Heard learned counsel for the parties. By virtue of the possession notice dated 19th January, 2010 the authorized officer of UCO Bank in exercise of power under SARFASI Act has taken possession of the mortgaged property of the petitioner. This is the background under which the present writ application has come to be filed challenging such action of the respondents. From the writ application the basic pleading which emerges is that the petitioner and his family met with serious accident causing not only loss of life but even limb of the present petitioner. Most of his resources and earnings thereafter got diverted to medical help and business for which the borrowing had been made got neglected, if not closed down. Obviously the cash credit limit sanctioned in favour of the petitioner ran into over draft with no payment. Some submissions have been made at the bar but the primary contention of the petitioner is that he has desire and wish to settle the outstanding loan amount with the respondents - 2 - and after issuance of annexure-4 he has made a deposit of Rs. Four lakhs with the Bank. He is willing to deposit yet another Five lakhs rupees from whatever the resources he has, but he also wants reciprocity from the respondents. The Court is not willing to express its opinion on the merit of the case and on the action taken by the respondents in law intentionally specially in view of the desire expressed by the petitioner to overcome action taken against him. This writ application is disposed of with a direction to the petitioner to make his concrete offer and commitment for repayment and the respondent Bank would be obliged to consider it with due dispassion taking into consideration the various guidelines issued by the Reserve Bank of India and the Bank in question for the matters where a loan is declared as NPA. If certain circular can be made in favour of the petitioner it will facilitate recovery of the principal amount and cost thereof and will be in the interest of the Bank to work out the loan amount in such a fashion. If the exercise fails the law will take its own course. This writ application stand disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)