THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G.V.SEETHAPATY WRIT PETITION No :25938 of 2010 ORAL JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) The petitioner filed the present writ petition assailing the action of the respondent-bank in contemplating to take over possession of her residential premises bearing D. No. 1-41/4(old), .No. 1-68(New) situated at Mosque Street, Oldpet, Palamaner, Chittoor District. She also sought for a consequential direction to the respondents to permit her to pay the loan amount in instalments at Rs.2,000/- per month. The petitioner, who is a borrower, has availed loan from the respondent-bank for a sum of Rs. 75,000/- by mortgaging the premises in question. However, as she sustained losses in her business, she could not repay the loan amount and the respondent bank issued notice dated 20.8.2010 demanding her to pay the outstanding amount of Rs.1,20,575/- within sixty days from the date of receipt of the said notice. She also made an application to the respondent-bank on 20.9.2010 requesting it to waive the interest and grant some time to clear the outstanding loan amount in monthly instalments. The grievance of the petitioner is that no action has been taken by the respondent bank on the said representation. Hence, she filed the present writ petition. Learned counsel for the petitioner submits that the petitioner is a small entrepreneur and as she sustained losses in her business, she could not repay the loan amount. He further submitted that the petitioner has no financial capacity to clear the outstanding loan amount at one time and she may be permitted to pay the same in monthly instalments. In the circumstances, without going into the merits of the matter, we dispose of this writ petition with a direction to the petitioner to clear the outstanding loan amount in equal monthly instalments at Rs.4,000/-per month, commencing from November, 2010. Further, the petitioner is also at liberty to make appropriate application to the respondent-bank for extending the facility of One Time Settlement. It is also made clear that if the petitioner commits default in payment of the instalment amount as stated above for two consecutive months, the respondent-bank is at liberty to proceed against the petitioner for recovery of the amount in accordance with law. The writ petition is accordingly disposed of. No costs. __________________ T.MEENA KUMARI,J Date: 20th October, 2010 ____________________ G.V. SEETHAPATHY,J pnb