CWP No.11459 of 2010 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11459 of 2010 Date of decision: 09.05.2011 Jai Parkash and another .. Petitioners Versus State of Haryana and another .. Respondents CORAM: HON'BLE MR.JUSTICE RANJIT SINGH. Present:- Mr.Sagar Deswal, Advocate, for Mr.D.S. Adlakha, Advocate, for the petitioner. Ms.Shruti Jain, AAG, Haryana. Mr.D.K. Singhal, Advocate, for respondent No.2. **** RANJIT SINGH J. (ORAL) The petitioner had filed this writ petition to challenge the auction of the mortgaged property which is house for recovery of a sum of Rs.3,42,882/-, which was recoverable on account of an arbitration award. While issuing notice of motion, this Court stayed the auction subject to deposit of 50% of the decretal amount within a period of one month. Petitioner No.1 was present in person before the Court. The counsel for the petitioners had undertaken to deposit 50% of the decretal amount within one month. The Court, thereafter, had clearly recorded that on failure of the petitioners to deposit the said amount, respondent No.2 shall be CWP No.11459 of 2010 ::2:: entitled to proceed with the sale of the house. The counsel for the respondent No.2 points out that the petitioner has failed to take the advantage of this order and has not complied with the direction to deposit 50% of the decretal amount within one month. In view of the order passed by this Court at the time of issuing the notice of motion, no further directions are called for. The Bank has been given liberty to proceed with the matter if 50% of the decretal amount was not deposited. If the petitioner is in the process of negotiation, he may do so and discharge his liability to avoid the sale of the house. As per the counsel for the respondent No.2, fresh date of auction of the house is fixed in July, 2011 and to succeed the petitioner has to challenge that order as that would give him a fresh cause. The writ petition is dismissed. (RANJIT SINGH) May 9, 2011 JUDGE Sukhpreet