ORDER :

B.N. Agrawal, G.S. Singhvi, JJ.

Leave granted.

2. Heard learned Counsel for the parties.

3. By the impugned order, Panchanana Subodh v. Union Bank of India, WP (C) No. 2322 of 2007, order dated 5.12.2007 (Ori.) the High Court disposed of the writ petition filed by the respondent herein by directing them to pay a sum of Rs. 10 lakhs in installments for liquidating the dues of the appellant bank.

4. A perusal of the record shows that the appellant-bank extended financial facility to the respondent to an extent of Rs. 10 lakhs. The respondent deposited the title deeds of land and building as security. On 31.12.2000, the account of the respondent was declared as non-performing asset and O.A. No. 70 of 2002 was filed before Debts Recovery Tribunal, Cuttack (for short, ‘the Tribunal'). During the pendency of the O.A., the appellant-bank issued notice dated 3.9.2004 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act'). This was followed by notice dated 4.12.2004 issued under Section 13(4) of the Act. By an order dated 30.5.2005, the Tribunal passed decree in favour of the appellant for a su