This appeal by defendant Bank is directed against order passed by learned Joint Civil Judge Senior Division, Amravati below Exh.5 in Special Civil Suit No.245 of 2006, restraining the Bank from enforcing liability of repayment of loan against the plaintiff and permitting the Bank to recover 50% unpaid amount in monthly installment of Rs. Fifteen Thousand each.

2. The facts, which led the Bank to file present appeal are indeed serious. Respondents No.2 to 5 had taken a loan from the appellant Bank in which they had defaulted. Respondent No.1/plaintiff in the suit, joined the said partnership after this loan was taken. The appellant Bank had secured mortgage of the properties from the borrower by registered mortgage deed. The Bank took action under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the Act" for the sake of brevity) to recover the loan. A notice under Section 13(2) of the Act was issued on 25-092006. Before that the plaintiff had applied to the Bank on 13th April, 2004 that he had joined as new partner in the partnership firm and was ready to repay regularly the l