JUDGMENT

The petitioner availed a housing loan of Rs. 2,00,000/- from the respondent Bank in the year 2010, creating security interest over the property in question. Because of the adverse circumstances, the repayment could not be effected on time, as scheduled, which made the petitioner a defaulter and the Bank proceeded with the steps under the SARFAESI Act, after declaring the account as 'NPA'. This made the petitioner to approach this Court by filing the present writ petition.

2. The learned counsel for the petitioner submits that the default was never wilful, but because of some frustrating pecuniary circumstances. It is stated that the petitioner is a heart patient and had undergone a major surgery. The learned counsel for the petitioner submits that earnest efforts are being taken to clear the entire overdue amount and that the overdue amount will be cleared at the earliest, for which some breathing is sought for. It is stated that the petitioner shall continue to effect the payment without fail, simultaneously pointing out that, there is absolutely no dispute whatsoever with regard to the rights and liberties of the Bank. 3. Heard the learned standing counsel for the responde