IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1300 of 2009 SHOBHA DEVI, wife of Ashok Kumar Gupta, Resident of Village-Bharsar, P.O.-Laheri Tiwari Dih, P.S.-Piro, District-Bhojpur, Ara. …….Petitioner Versus 1. Zonal Manager, Punjab National Bank, Patna. 2. Regional Manager, Punjab National Bank, Bhojpur at Ara. 3. Superintendent of Police, Ara. 4. Branch Manager, Punjab National Bank, Piro, Bhojpur at Ara. 5. Officer In Charge, P.S.-Piro, District-Ara. 6. Binoy Kumar Dubey, son of Ramjee Dubey, Resident of village-Bighaur, Narainpur, P.S.-Agiaon Bazar, District-Bhojpur at Ara. 7. Raj Kumar Thakur, son of Binktesh Thakur, Resident of village-P.O. & P.S.-Piro, District-Bhojpur at Ara. 8. Anuj Kumar Singh @ Rinku Singh, son of Ram Badan Singh, resident of village & P.O.-Bihari Road, P.S.-Piro, District-Bhojpur. 9. Branch Manager, Bhartiya Jiwan Beema Nigam(satelight Branch) Maa Sharda Complex Bihian Road, Piro, P.S.-Piro, District-Bhojpur. 10. Kamluddin Thakur, son of Shafique Thakur Muskan Men’s Parlur, Maa Sharda Market Complex, Bihian Road, P.S.-Piro, District-Bhojpur at Ara. 11. Ajay Kumar Singh, son of late Laxman Singh, village & P.O.-Shastri Nagar, Bihian Road, Piro, P.S.-Piro, District-Bhojpur at Ara. 12. Abdul Manzoor Khan, son of Abdul Satter Baba Banar Pann Sukan Maa Sharda market complex Bihian Road, Piro, P.S.-Piro, District- Bhojpur. 13. Dhanjay Kumar Sharma, son of Ram Kumar Sharma, Priprioter Mrs. Balajee & Company, Piro, Dhanchhua Bhawan, Holding No. 345 Brahamarsee Nagar, near Kali Mandir, New Karman Tola, Ara, District- Bhojpur. …….Respondents. ----------- 02. 09.11.2009 After filing of the writ application some more developments have taken place. An appeal came to be filed under Section 17 of the SARFAESI Act by the petitioner before the Debt Recovery Tribunal for the State of Bihar. Vide order dated 28.09.2009 after hearing the parties the Debt Recovery Tribunal directed the Respondent Bank which is Punjab National Bank that if petitioner pays the outstanding loan 2 amount within one month along with the penalty on the auction sale, Bank would be obliged to annul the sale and return the property. With this development petitioner submits that she is willing to meet the obligation within the time frame but she needs further clarification or direction upon the Respondent Bank on the issue that in a separate account opened with the Bank the monthly rental paid by the tenants used to be deposited. This money is lying in the same account with the branch in question. For satisfaction of the outstanding loan this amount should also be utilized by the Bank as after all it is the money of the petitioner though kept in a separate account due to the ongoing dispute. Learned counsel for the Bank does not disown or dispute the said factual position. He submits that the money admittedly belongs to the petitioner who was the landlord and therefore this amount will also be accounted for in settlement of the outstanding dues. With a fair stand having been taken by the Respondent Bank, no further clarification or direction is required. The writ application has lost its meaning and has become infructuous. The parties are well advised to abide by the directions of the Debt Recovery Tribunal in this regard. The counter affidavit filed on behalf of the 3 Respondent Bank is kept on record. The writ application stands disposed off. Shageer (Ajay Kumar Tripathi, J)