CWP No.15256 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 15256 of 2009 Date of Decision: 12 - 11 - 2009 Anil Kumar Rana ....Petitioner v. UCO Bank ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Narinder Lucky, Advocate for the petitioner. Mr.Sanjiv Gupta, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present writ petition has been filed by the petitioner for issuance of a writ, order or direction in the nature of certiorari for setting aside/quashing the impugned order dated 11.9.2009 whereby symbolic possession of the house of the petitioner has been taken by the respondent- Bank. Petitioner took a loan of Rs.4,25,000/- from the respondent- Bank and mortgaged his residential house with the Bank. Petitioner has paid number of installments and on the direction of this Court had deposited Rs.1,40,000/- with the respondent-Bank. Counsel for the respondent-Bank CWP No.15256 of 2009 [2] submit that as on 26.10.2009, Rs.3,83,000/- were outstanding against the petitioner. Counsel for the petitioner has submitted that petitioner is employed with some private concern and get salary of Rs.8,000/- p.m. and has a family to support. Counsel further submit that commencing from 1.12.2009, petitioner will pay monthly installment of Rs.5,000/- to the Bank. Further more within three months from 1.12.2009, to reduce the liability, he will pay Rs.30,000/- to the Bank. Counsel also state that in case two continuous default take place, the Bank will be at liberty to proceed against the petitioner in accordance with the provisions of law. Counsel appearing for the respondent-Bank has submitted that concern of the Bank is to secure the loan and earn the interest. Bank in no way want to unnecessarily harass the common man who has taken the housing loan. Counsel submit that petitioner is a chronic defaulter and has not repaid the loan amount timely, his conduct be taken into consideration. This Court intend to believe and trust the petitioner who is willing to repay the loan amount. Therefore, in case petitioner deposit Rs.30,000/- within three months commencing from 1.12.2009 and continues to pay Rs.5,000/- p.m. from 1.12.2009 onwards, the Bank may regularise the loan account. Two consecutive default on the part of the petitioner to repay the loan amount, shall entitle the respondent-Bank to take action in accordance with the provisions of law. With these observations, the writ petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) November 12, 2009. JUDGE RC