IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19700 of 2010 RIDHI SIDHI TRADING COMPANY, KOTWALI CHOWK, NAKA NO.5, DARBHANGA, THROUGH ITS PROPRIETOR, NAMELY SMT. MEENA CHUDHARY, WIFE OF RATAN KUMAR CHAUDHARY, RESIDENT OF VILLAGE LAGMA, P.O. LAGMA, VIA LAHNA ROAD, DISTRICT DARBHANGA……..PETITIONER. Versus 1. THE STATE BANK OF INDIA THROUGH ITS CHIEF MANAGER, DARBHANGA 2. THE MANAGER, STATE BANK OF INDIA, MAIN BRANCH, DARBHANGA……….………………………….RESPONDENTS For the petitioner : Mr. Pramod Mishra, Advocate. For the respondents : Mr. Kaushlendra Kr. Sinha, Advocate. ----------- 02 06.12.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. This writ petition has been filed for directing the respondents to fix small instalment for paying the loan amount by the petitioner as the amount of loan sanctioned by the respondent Bank could not be paid in time by the petitioner due to unavoidable circumstances. It transpires that a letter (Annexure-3) has been sent more than a year back to the petitioner fixing 30.09.2009, as the date by which the petitioner was invited for his interest/willingness to settle the dues at the earliest on the basis of a scheme of compromise/settlement of non-performing assets in SME Sector (OTS-SME, 2009 Scheme) initiated by the State Bank of India. Learned counsel for the petitioner submits that the said letter (Annexure-3) was received by him on 02.11.2009 and by that time the date fixed i.e. 30.09.2009 had expired. In - 2 - the said circumstances, the petitioner should have immediately moved the appropriate authority or this court for appropriate order, but this writ petition was filed more than a year later on 02.12.2010. In the said circumstances, it is quite apparent that the petitioner is not acting diligently rather he has been negligent throughout, hence the relief sought in the writ petition cannot be legally allowed to him. Accordingly, this writ petition is dismissed. However, the petitioner will be at liberty to file an application before the appropriate authority of the State Bank of India for fixing instalments for paying the loan amount by the petitioner as he was unable to pay the same within the prescribed time due to unavoidable circumstances as stated in the writ petition. If such an application is filed by the petitioner within fifteen days, the authorities concerned shall decide it within two months from today in accordance with law without being influenced by this order. Harish (S.N. Hussain, J.)