IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9125 of 2009 GAJENDRA PRASAD SINGH Versus THE STATE BANK OF INDIA & ORS ----------- 2 4.8.2009 Heard the learned counsel for the parties. In the year,2002 the petitioner took a housing loan of Rs.2/- lacs. The petitioner defaulted in making payment of the loan. The bank on 21.3.2009 issued notice under section 13(2) of the SARFAESI Act,2002. The notice also contemplated that if reply is not made, the bank may exercise all rights as stipulated under section 13 (4) of the said Act or any other provisions applicable thereto. The petitioner was also intimated that he will not dispose of the assets without permission of the respondent bank. Counsel for the respondent bank prays for time to seek instruction in the matter. The petitioner instead of rushing to this Court ought to have filed reply to the notice dated 21.3.2009 of the State Bank of India, Begusarai Branch, Begusarai. He submits that he has not been able to make effective reply as necessary calculation chart and documents have not been made available. After hearing the counsel for the parties this Court passes the following order:- 1. The petitioner should file a reply to the notice issued under section 32 of the SARFAESI Act,2002 within four weeks from today. 2. The petitioner would make payment of Rs.2/- lacs 2 within aforesaid period of four weeks. In case the payment is made, the bank will furnish detailed calculation chart of interest within two weeks thereafter. 3. The petitioner on receipt of such calculation chart would pay balance amount within a period of two months thereafter. 4. In case the petitioner does not abide by the conditions mentioned in this order, it would be open to the bank to proceed against the petitioner in accordance with law. 5. No coercive measure would be taken against the petitioner which would be subject to fulfillment of aforesaid conditions. . With the aforesaid observation this writ application is disposed of. Let a copy of this order be given to the learned counsel for the bank. Anilkrsinha (Samarendra Pratap Singh, J.)