IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11293 of 2009 Naresh Kumar, Son of Late Sri Anant Ram, resident of Bari Road, Kathokar Talab, Police Station Kotwali, District Gaya Versus 1. The Central Bank Of India through its Zonal Manager, Zonal Office, Maurya Lok, B. Block, Patna-1 2. The Regional Manager cum Authorised Officer, Central Bank of India, Regional Office, Shanti Bhawan, Rameshwar Sinha Path, Opposite Bisar Tank, Gaya- 823001 3. The Senior Branch Manager, Central Bank of India, B/o Station Road, Gaya ----------- 03/ 07.10.2009 Heard learned counsel for the petitioner and the counsel for the Central Bank of India. 2. Petitioner is aggrieved by the possession notice issued by the authorized officer of the Central Bank of India dated 17.5.2009, Annexure-10 to this application whereunder symbolic possession of the property has been taken and public at large has been directed not to deal with the occupiers of the property. 3. It is submitted on behalf of the petitioner that he is the legal heir of the borrower, who has since left for his heavenly abode. The guarantors are his two brothers, but appreciating the fact that his interest in the mortgaged property may be jeopardized if the bank proceeds to take physical possession of the same, petitioner has approached the bank authorities for one time settlement of the dues. The request of the petitioner for one time settlement of the dues is kept pending and the authorities of the bank have proceeded to take symbolic possession of the property and is likely to further precipitate the issue. To prevent 2 such precipitation, petitioner has approached this Court. 4. This Court appreciating such submission, under order no. 2 dated 2.9.2009 directed the learned counsel for the bank to seek instruction in the matter and file counter affidavit. Till date no counter affidavit has been filed and prayer is made to further adjourn the matter. I decline such prayer and proceed to dispose of this writ application directing the bank to consider one time settlement offer of the petitioner dated 14.1.2009, as contained in Annexure-7 to this application and until the decision is taken on such offer, no coercive steps be taken against the petitioner. Arjun/ ( V.N. Sinha, J.)