IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7933 of 2010 SMT.KIRAN KUMARI Versus THE MANAGER,PUNJAB NATIONAL BANK & ORS ----------- 2 5.5.2010 Heard learned counsel for the parties. Submission of learned counsel for the petitioner is that for the reason unforeseen there was some default in two accounts when it comes down to payment the borrowing for housing loan. The consequence of the default is the initiation of proceeding under SARFAESI Act where under sections 13(2) and 13(4) notices came to be issued. An earlier submission has been made on behalf of the petitioner that she is in a position to rework the loan amount and some repayments have been made and the amount which is left according to her is not very substantial. If the bank will reconsider the repayment by refixing the EMI within a time frame there will be no difficulty in repayment of the outstanding dues. The offer made by the petitioner in the present situation for repayment the benefit of the petitioner can be looked into by the concerned competent authority of the Bank and the Court cannot decide the issue. Liberty is given to the petitioner that if she approaches the Bank within two weeks from today with her offer and if some kind of negotiation is reached, the Bank authority may consider not to proceed with the proceeding in - 2 - question beyond a time. If there is failure on the part of the petitioner within fifteen days the Bank has freedom to press the proceeding ahead. This writ application is disposed of with the liberty aforesaid. RPS (Ajay Kumar Tripathi,J.)