JUDGMENT

Dated this the 9th day of December, 2022 The petitioner's sister availed an educational loan of Rs.8,00,000/- from the respondent Bank in the year 2013. The petitioner's immovable property was mortgaged as security for the loan. The borrower having committed default, the Bank is proposing to initiate proceedings against the petitioner's property. Hence, this writ petition.

2. Learned Counsel for the petitioner submitted that the borrower is not willing to settle the loan account and having provided security for the loan in the form of his property, the petitioner is compelled to take up the responsibility for settling the loan account. It is submitted that the petitioner is prepared to regularise the loan account by paying the overdue amount in instalments.

3. Learned Standing Counsel for the respondent Bank submitted that, as on date, the overdue amount comes to Rs.81,054/- and the total amount due under the loan account is more than Rs.11,00,000/-. The borrower was granted moratorium for 18 months and the EMI was to be remitted only from August, 2022 onwards. Even after granting such opportunity, the EMI was not remitted and the loan became an NPA on 29.11.2022. The loan b