HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.16829 of 2011 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) Heard learned counsel appearing on either side. This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondent-bank in issuing a notice, vide No.OR/GRE/CHOME 40001/0609/010-11, dated 27.11.2010 as well as notice vide No.OR/GNRK/NPA/F-1002/2011-12, dated 26.05.2011 under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short ‘the Act’) as illegal and arbitrary. The brief facts of the case that are necessary for disposal of the writ petition may be stated as follows: - The petitioner has availed a housing loan to a tune of Rs.6,00,000/- from the respondent-bank. He is said to have paid part of the loan amount and that, as on 31.05.2011, the amount due to be payable by him is said to be Rs.3,24,713/-, which is disputed by the petitioner. Admittedly, the notice, dated 27.11.2010, under Section 13(2) read with Section 13(3) of the Act and the possession notice, dated 26.05.2011, were issued to the petitioner, calling upon him to pay a sum of Rs.3,17,161/- and interest thereon within a period of 60 days therefrom. The grievance of the petitioner is that though he made several requests to the respondent-bank to furnish the statement of accounts relating to the said loan account, the respondent-bank is not furnishing the same to him. When the matter is taken up for hearing, learned counsel for the respondent-bank, across the bar, furnished a copy of the statement of account relating to the housing loan of the petitioner to the learned counsel appearing for the petitioner and the same is recorded. Further, learned counsel for the petitioner also submitted that the petitioner is ready and willing to pay a sum of Rs.2,50,000/- to the respondent-bank within a period of two weeks and also prayed to give an opportunity to negotiate with the respondent-bank with regard to balance amount due by the petitioner. In that view of the matter, the writ petition is disposed of, directing that the petitioner shall pay the sum of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) within a period of two weeks from today and with regard to the remaining amount payable by him, he shall make an appropriate application before the respondent-bank, who shall consider the same and pass appropriate orders, in accordance with law. It is needless to note that in default, the respondent-bank is at liberty to proceed further in accordance with law. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED ___________________________ JUSTICE K.G.SHANKAR​ 22nd June 2011 DR