Sunaina Devi And ORS v. The United Commercial Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16023 of 2015 ======================================================

1. Sunaina Devi Wife of Late Vijoy Kumar Rastogi

2. Vishnu Kumar Rastogi

3. Santosh Kumar Rastogi Both sons of Late Vijay Kumar Rastogi All residents of village - Chhoti Balia Police Station Balia in the District of Begusarai .... .... Petitioners

Versus

1. The United Commercial Bank, Zonal office, Sona Jageshwar Complex Traffic Chowk, Begusarai through its Manager

2. The Manager, United Commercial Bank, Zonal Office, Sona Jageshwar Complex Traffic Chowk, Begusarai

3. The Manager United Commercial Bank, Sadanandpur Branch, Begusarai

4. The Authorized Officer, United Commercial Bank, Zonal Office, Sona Jageshwar Complex, Traffic Chowk, Begusarai .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Gopal Prasad Roy, Advocate For the Respondents : Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-12-2015 Pursuant to the order of this Court dated 16.10.2015; the petitioners renewed their prayer for some indulgence of this Court in the matter of making payment of the dues of the bank, then calculated at Rs. 3,41,865/- along with interest.

2. A supplementary affidavit has been filed on behalf of the petitioners reiterating their commitment to make payment of the dues, seeking six months time for the same.

3. Having heard the parties and having regard to the fact that the petitioners are a widow and her two sons, this Court is of the view that the ends of justice will be met if as a matter of last indulgence, the petitioners are granted a period of four months

Patna High Court CWJC No.16023 of 2015 (3) dt.07-12-2015 2/2 from today to make payment of the aforesaid amount of Rs. 3,41,865/- in full. Out of the said amount, the first such instalment amounting to Rs. 85,466.25 shall be paid within two weeks from the date of receipt/production of a copy of this judgment. .

4. If such payment is made within the aforesaid period of four months in equal monthly instalments, the Bank shall issue no dues certificate and return the original documents relating to the mortgaged property to the petitioner. However, in case full payment is not made, the Bank shall be at liberty to proceed further in the matter in accordance with law.

4. The writ petition stands disposed of. (Vikash Jain, J) B.T/- U