IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.781 of 2010 Amarnath Prasad S/o Late Narsingh Mahto, Resident of New Professor Colony Dinkar Nagar, P.S. –Refinary Township, District-Begusarai. …Petitioner/Appellant. Versus 1. The Zonal Manager, Zonal Office, UCO Bank, Sona Jageshwar Complex N.H.31, Begusarai. 2. The Regional Manager, Regional Office, UCO Bank, Sona Jageshwar Complex N.H.31, Begusarai. 3. Authorised Officer, UCo Bank, Sona Jageshwar Complex, N.H.31, Begusarai. 4. Branch Manager, UCO Bank, IOC Kapasya Branch, District-Begusarai. ….Respondents/Respondents. ------- For the appellant : Mr. D.K.Tiwari, Advocate Mr. Raj Dular Sah, Advocate For the respondents : Mrs. Nilu Agrawal, Advocate. ---- 02. 27.04.2010 I.A.No.4135 of 2010 This is an application for condonation of delay of four days in preferring the appeal. Regard being had to the facts and circumstances of the case, the delay in filing the appeal stands condoned. I.A. is, accordingly, allowed. L.P.A.No.781 of 2010 In this intra-court appeal, the assail is to the order dated 15.03.2010. The learned single Judge while - 2 - dealing with the writ petition has passed the following order: “The petitioner gives an unconditional undertaking to liquidate the balance of Rs.13.24 lacs along with PLR starting from 1st March 2010 by 30th September, 2010. The petitioner would deposit a minimum amount of Rs.2 lacs every month starting from this month. In case, the petitioner fails to keep up these instalments, Bank would be free to take such action as it may be advised. If by the time as fixed by the Court that is 30th September, 2010 petitioner is able to pay a total sum of Rs.13.24 lacs plus interest, as aforesaid, account would be deemed to be settled and Bank would not be entitled to take any further action in respect of the said financial accommodation. The respondent-Bank would be obliged to unlock the property, in question, for use of the petitioner, as already mortgaged to the Bank.” It is submitted by Mr. D.K.Tiwari, learned counsel for the appellant that after the said order came to be passed he has deposited Rs.1,60,000/- (One lac, sixty thousand). In course of hearing, a suggestion was given to learned counsel for the parties if they have any objection if the time period is extended till end of October, 2010 with the stipulation that the same would carry pro-rata simple interest on the sum that has been determined by the learned Single Judge. Both the learned counsel for - 3 - the parties fairly agreed. In view of the aforesaid, the order passed by the learned Single Judge is modified to the extent that total sum of Rs.13.24 lacs minus the amount that has been paid/deposited after the date of order, shall be paid by end of 31st October, 2010. Be it noted, the instalment that has been fixed by the learned Single Judge is modified and it is open to the appellant to pay the amount as fixed within the said period which has been extended by us. We have modified as the pro-rata interest will accrue. With the aforesaid modification in the order of the learned single Judge, the appeal stands disposed of. There shall be no order as to costs. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)