1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.1960/2009. : : Jagdish Prasad Kholia Vs. UCO Bank & Ors. : : Date of Order 29.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Rajneesh Gupta for the petitioner. Mr. K. N. Sharma ] Mr. Hukam Chand Saini for the respondents. Heard learned counsel for the parties. 2. This writ petition has been filed by the petitioner challenging auction notice issued by respondents on 12.2.2009 whereby they took symbolic possession of mortgaged residential house of petitioner under Section 13 (2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 3. Learned counsel for the petitioner argued that loan amount of Rs.11 lacs was sanctioned to the petitioner for construction of house on his plot No.6-A, Ashok Vatika, Jagatpura, Jaipur on 14.12.2006 on 240 equated monthly installments of Rs.10,076/- each. Although petitioner regularly 2 made payment, but due to the fact that a theft took place in his house on 27.11.2007 for which the loan was taken and cash of Rs.1 lac and jewelery of much more amount was stolen, therefore, petitioner in between owing to circumstances beyond his control, could not deposit the payment of installments timely. In those peculiar facts he has approached this Court with the prayer that respondents be directed to regularize default in the payment or settle all his dues as one time settlement. Learned counsel submitted that petitioner has deposited a sum of Rs.20,200/- on 8.10.2007, another Rs.30,000/- on 30.3.2008 thereafter a sum of Rs.25,000/- on 11.9.2008, Rs.70,000/- on 8.1.2009 and Rs.80,000/- on 31.1.2009 and thereafter he has been continuously paid installments on month to month basis. 4. Learned counsel for the respondents is not in position to dispute that ever since the petitioner made first default in payment of installments, he has paid a total sum of Rs.1,75,000/-. All these deposits have been made by petitioner after he started making default from July, 2007 onwards. Total number of defaults is in respect of 12 installments and whereas earlier the petitioner had paid installments regularly. As against this, total outstanding amount for installments of default comes to Rs.1,21,152/- as against which petitioner has deposited 3 Rs.1,75,000/-. Petitioner has now feeling hard hit by increasing rate of interest which he submits is penal interest, therefore, pray that the bank should be directed to regularise the default in payment or settle as all his dues as one time settlement as per instruction of Reserve Bank of India. On the facts of the case, it is evident that petitioner has deposited much more amount than what was total of installments of default. The respondent-bank being a nationalized bank ought to, in a matter like this, act reasonably. This writ petition is, therefore, disposed of with direction to respondent-bank to either reschedule the payment by charging interest for the defaulted installments and then allow the petitioner to make payment of installments on regular basis as per original schedule which he is making thereafter on month to month basis or settle one time the outstanding dues of the petitioner, in terms of guidelines of Reserve Bank of India. This writ petition is accordingly disposed of. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.22.