IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4470 of 2010 Amarnath Prasad, S/o-Late Narsingh Mahto, Resident of New Professor Colony Dinkar Nagar, P.S.-Refinery Township, District-Begusarai. -Petitioner. VERSUS 1. The Zonal Manager, Zonal Office, UCO Bank, Sona Jageshwar Complex, N.H. -31, Begusarai. 2. The Regional Manager, Regional Office, UCO Bank, Sona Jageshwar Complex, N.H. -31, Begusarai. 3. Authorised Officer, UCO Bank, Sona Jageshwar Complex, N.H. -31, Begusarai. 4. Branch Manager, UCO Bank, IDC Kapasya Branch, District-Begusarai. -Respondents. ----------- 02 15.03.2010 The petitioner was indebted to the United Commercial Bank (UCO Bank), Kapasya Branch, Begusarai. Against drastic action being taken, it had come to this Court earlier. It had pointed out that his family has met with tragic accident where he himself substantially incapacitated apart from several members have died. His situation was tragic and, as such, some accommodation be given. The writ petition was disposed of with a direction to the petitioner to make a representation to the UCO Bank and the Bank would consider the same. The writ petition was disposed of on 16th February, 2010. On 12th March, 2010, petitioner is visited with a notice full of threat from the Bank including newspaper publication of taking over possession. Now, petitioner is told that it must be paid about Rs.16 lacs (as per the counter affidavit now about Rs.13.24 lacs) within a period of less than a month to avoid sale of his house property, which as per Bank’s own assessment could never be below of Rs.24 lacs as that is the reserve price fixed and could be much higher. - 2 - The petitioner gives an unconditional undertaking to liquidate the balance of Rs.13.24 lacs along with PLR starting from 1st March 2010 by 30th September, 2010. The petitioner would deposit a minimum amount of Rs.2 lacs every month starting from this month. In case, the petitioner fails to keep up these instalments, Bank would be free to take such action as it may be advised. If by the time as fixed by the Court that is 30th September, 2010 petitioner is able to pay a total sum of Rs.13.24 lacs plus interest, as aforesaid, account would be deemed to be settled and Bank would not be entitled to take any further action in respect of the said financial accommodation. The respondent- Bank would be obliged to unlock the property, in question, for use of petitioner, as already mortgaged to the Bank. With these observations and directions, the writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)