IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4101 of 2009 Manoj Kumar Bhagat, son of Late-Ram Chandra Bhagat, resident of Mohalla-Lakharaj Ray Lane, Golderpatti, Nathnagar, P.S.-Lalmatia, District-Bhagalpur. ……..Petitioner Versus 1. The Chief Manager & Authorised officer, Bank of India, Zonal Office at Bhagalpur. 2. Bank of India, through its Branch Manager, Nathnagar Branch, Mahaskamha Nath Chowk, at and P.O.-Nath Nagar, District- Bhagalpur. 3. The State of Bihar, through Certificate Officer, Bhagalpur. ……..Respondents. ----------- 02. 16.04.2009 Petitioner has challenged the action of Bank of India, Nath Nagar Branch, Bhagalpur purported to be taken in terms of Section 13(4) of the SARFAESI act. Petitioner inter alia states that he is not aware of the details of the dues and is not even being given a copy of the accounts. Petitioner’s objection in terms of Section 13(2) of the SARFAESI act has also remained un-responded and as such Section 13(3-A) of the SARFAESI act has not been complied with. Be that as it may, petitioner does not dispute that he had a cash credit account with the Respondent Bank with sanctioned limit of rupees two lacs. On petitioner depositing Rs. 50,000/- in his account with the said Bank, a complete copy of the account would be made available to the petitioner. Petitioner has undertaken to this Court that the balance outstanding in the account as admitted by him would be paid within six months. 2 Keeping in view the aforesaid facts and submissions, I direct that on depositing Rs. 50,000/- petitioner will be given accounts. Petitioner would file objections before the concerned Branch Manager in writing within one week of receipt of the accounts. The Branch Manager would verify the objections and then finally determine the amount payable within one week of receipt of the objections. Once that is done then the amount payable by the petitioner would stands quantified. Petitioner as undertaken to this Court would then be liable to liquidate the entire dues as outstanding within a period of six months subject to payment of simple interest at the contractual rate on reducing the balance based from the date the amount is quantified. The first deposit of Rs. 50,000/- as noticed above must be made by 9th of May, 2009. In case the petitioner defaults in keeping up any one of the commitments aforesaid, Bank would free to proceed under SARFAESI act as if no order has been passed by this Court. On payments being made as aforesaid, all actions of the Bank under SARFAESI act would remain in abeyance and the action would totally seize. With these observations and directions, the writ petition stands disposed of. Shageer (Navaniti Prasad Singh, J)