K.K. SASIDHARAN, J.

The challenge in this writ petition is to the notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "SARFAESI Act") calling upon the petitioner to discharge the dues within a period of sixty days failing which it was indicated that further proceedings would be taken under sub-section (4) of Section 13 of the Act.

The facts:

2. The petitioner along with her husband availed Housing Loan from the respondent. The Bank sanctioned a sum of Rs.33 Lakhs to purchase a flat in Pondicherry. As per the agreement, the loan has to be re-paid in 120 equal monthly instalments. The petitioner and her husband started paying the instalments as per schedule.

3. While so, the husband of the petitioner died on 16 August 2011. The petitioner even after the death of her husband paid the subsequent instalments. Subsequently, the petitioner came to know that as per the insurance policy taken by the Bank, after the death of the borrower there is no requirement to pay the balance instalments. The petitioner thereafter discontinued the payment.

4. The Bank initiated proceeding