IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 9006 of 2006 DATE OF DECISION : 15.01.2008 Ramesh Guleria and another .... PETITIONERS Versus State Bank of India and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Hemant Saini, Advocate, for the petitioners. Mr. Vikas Chatrath, Advocate, for the respondents. * * * SATISH KUMAR MITTAL, J. ( Oral ) In terms of the interim order passed by this Court on 6.6.2006, possession of the property in question was handed over to the petitioners on payment of Rs. one lakh by them as part payment towards the outstanding amount. By that order, the petitioners were to bear the expenses of publishing advertisement and other expenses, which the petitioners were to reimburse within two weeks. It is stated that after that date, the petitioners are regularly paying the due instalments as per the loan agreement. The petitioners have already paid Rs. 12,000/- towards publication expenses. Now, the only dispute is about the expenses incurred by the bank in taking CWP No. 9006 of 2006 -2- possession of the property. In this regard, the respondent bank has claimed an amount of Rs. 66,456/-. On October 30, 2007, the respondent bank was asked to explain the said expenses by filing an affidavit. An affidavit in this regard has been filed, in which it has been explained that out of the aforesaid amount, Rs. 60,000/- was towards the professional fee. Nothing has been stated as to whom this professional fee has been paid. Therefore, this claim made by the respondent Bank cannot be accepted. In our view, the total expenses in taking possession of the property cannot be more than Rs. 12,000/-. Therefore, we direct the petitioners to pay this amount to the respondent bank within three weeks from today. In case, the petitioners make any subsequent default in making payment of the remaining instalments as per the agreement, it will be open for the respondent bank to proceed in accordance with law. Disposed of accordingly. ( SATISH KUMAR MITTAL ) JUDGE January 15, 2008 ( RAKESH KUMAR GARG ) ndj JUDGE