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Mehar Bano v. State Of U.P. Thru' Secy. (finance) & Others - WRIT - C No. 40426 of 2005  RD-AH 2236 (1 September 2005)
Civil Misc. Writ Petition no. 40426 of 2005
Mehar Bano . . . . Versus . . . . State of U.P. and others.
Hon'ble Yatindra Singh, J.
Petitioner's husband had taken cash credit facility with the State Bank of Patiyala, Moradabad, respondent no.3. The said respondent gave a notice dated 20.9.2004 under section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( the Act). This notice was served upon the petitioner after death of her husband. Subsequently a notice under section 13(4) of the Act has also been given to the petitioner, hence, the present writ petition.
We have heard counsel for the petitioner, Standing Counsel and Sri R.K. Khare for the respondents.
The petitioner may, if so advised, file an application under section 17 of the Act.
The counsel for the petitioner submits that the petitioner is willing for one time settlement. Considering the fact that the petitioner is a widow whose husband had taken the cash credit facility and she is willing for one time settlement, the Bank may consider her request for one time settlement.
With these observations the writ petition is dismissed.
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