Chinta Devi And ANR. v. The Punjab National Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5639 of 2015 ======================================================

1. Chinta Devi w/o - Arvind Kumar Singh Shyam Nagar Ward No. - 14, P.S. - Jehanabad Distt. & Town - Jehanabad,

2. Arvind Kumar Singh S/o - Sri Janeshwar Singh M/s - Bolbum Enterprises, Shyam Nagar, Ward No. 14, P.S. - Jehanabad, Distt. & TownJehanabad, .... .... Petitioner/s

Versus

1. The Punjab National Bank through it's General Manager Chanakya Palace R. Block Patna,

2. The General Manager, Zonal office Punjab National Bank , Chankya Palace, R. Block, Patna,

3. Circle Head , Circle Office Punjab National Bank A.P. colony Gaya,

4. The Authorised Officer, Chief Manager Recovery Department Circle Office Punjab National Bank, A.P. colony Gaya,

5. The Chief Manager Punjab National Bank Main Road Jehanabad, .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Mukesh Kumar No-1, Advocate For the Respondents : Mr. Sarbadeo Singh, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 20-04-2015 Heard the parties.

In view of the limited prayer made at the time of hearing on behalf of the petitioners, this writ application is being disposed of with following directions:

(i) The petitioners will deposit rupees two lacs before the respondent no. 5, i.e., the Chief Manager Punjab National Bank Main Road Jehanabad, by tomorrow(21.04.2015). The respondentBank will wait till 1.00 P.M. for such deposit. If such amount is deposited by the petitioners then the auction sale of item no. 14 of Annexure 3 would be put on hold.

Patna High Court CWJC No.5639 of 2015 (2) dt.20-04-2015 (ii) The petitioners would be required to pay further Rs. 2.31 lacs till Saturday (25.04.2015).

(iii) On the aforesaid amount having been deposited by the petitioners within the time specified, the auction sale would be put on hold till 18.05.2015 as the petitioners propose to move before the Debt Recovery Tribunal with a prayer for one time settlement or for grant of relief in accordance with law. If the petitioners move before the Debt Recovery Tribunal on or before 18.05.2015 then for further interim relief they would have to make a prayer before the Tribunal itself which would decide the matter on its own merit and in accordance with law without being prejudiced by the fact that this Court has granted interim relief to the petitioners till 18.05.2015.

However, it is made clear that if the petitioners fail to comply the aforesaid directions then the respondent-Bank would be at liberty to proceed further for recovery of the balance amount of the debt along with the interest and costs etc. in accordance with law.

(Dr. Ravi Ranjan, J) SC/- U