1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8617/2008 (Shri Sindhuja Foods Pvt. Ltd. Vs. Central Bank of India) Date of order : 24.10.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. V.K. Mathur, for the petitioner. Heard learned counsel for the petitioner. It is contended by learned counsel for the petitioner that a suit was filed by the Bank for recovery of Rs.25,04,834/-. The suit was decreed against the petitioner on 16.2.2004. Thereafter, a compromise was arrived at between the petitioner and the Bank and in pursuance of that compromise, an agreement was executed on 30.3.2006 and as per the agreement, the petitioner was directed to deposit the total amount of Rs.16 lacs within a period of three months from the date of communication of the order. Since, the petitioner had already deposited Rs.2 lacs and balance amount of Rs.14 lacs on 31.7.2006, therefore, the matter was finally settled. As per the petitioner after depositing the said amount, a letter 2 was issued by the respondent Bank to the petitioner directing him to deposit amount of Rs.64,800/- within a period of 15 days and the said letter was sent to the petitioner had his village address, therefore, the petitioner was not aware and was not having any knowledge of the communication of the said letter. Now, auction notice has been issued for sale of the property of the petitioner by the Debts Recovery Tribunal, Jaipur, which is placed on record as Annexure-5. The contention of learned counsel for the petitioner is that he is ready to deposit Rs.64,800/- also but respondents are bent upon to auction the petitioner's property, which is illegal. I have perused the averments made in the writ petition. In my opinion, if a compromise has arrived at between the parties and all the amount as agreed in the compromise was deposited by the petitioner, then, obviously there is no question of auctioning the property of the petitioner. Further, if any amount of interest is still outstanding, it is stated by learned counsel for the petitioner that he is ready to deposit that amount also. In this view of the matter, there is no 3 question of auctioning the petitioner's property. Therefore, this writ petition is disposed of with the direction to the petitioner that if he files an application before the Debts Recovery Tribunal, Jaipur and apprise all the above facts to the Tribunal that now there is no outstanding of loan and he is ready to deposit Rs.64,800/- towards the interest amount as demanded by the Bank. Upon filing such application, the Debt Recovery Tribunal is directed to decide the question of auctioning the petitioner's property. Till then, no auction proceedings in pursuance of Annexure-5 shall be made by the respondents. (GOPAL KRISHAN VYAS), J. arun