IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1432 of 2009 1. AVINASH TIWARI S/O LATE GUPTESHWAR TIWARI PERMANENT R/O WARD NO. 12/19, TIWARI TOLA, P.S. BHABHUA (T), DISTT.- KAIMUR PRESENTLY RESIDING AT DABI, LANKA, P.S. LANKA, DISTT.- VARANASI (UTTAR PRADESH) Versus 1. CANARA BANK THROUGH ITS BRANCH MANAGER, BHABHUA, KEWA BRANCH, BHABHUA 2. GENERAL MANAGER, CANARA BANK, LUV KUSH TOWER, EXHIBITION ROAD, PATNA 3. REGIONAL MANAGER, CANARA BANK, LUV KUSH TOWER, EXHIBITION ROAD, PATNA 4. PROPRIETOR, SABBHARBAL BROTHERS & COMPANY, CHOKA GHAT, VARANASI, AUTHORIZED DEALER OF MAHINDRA AND MAHINDRA CO. ----------- 6 22.02.2011 The present L.P.A. arises out of an order dated 5.10.2009 passed by the learned Single Judge in C.W.J.C. No.12341 of 2009. The main grievance of the appellant is that he has taken a loan amounting to Rs. 3,00,000/- from the respondent- Bank for purchasing a vehicle and as he did not clear the loan the matter was referred to the Lok Adalat and when the same was pending, the Bank has submitted an affidavit stating therein that they are ready to settle the matter. Meanwhile the Bank has proceeded to sell the vehicle which was purchased by the petitioner under a hypothecation agreement on obtaining loan from the Canara Bank, inspite of the fact that the Bank had filed a petition before the Lok Adalat for settlement of the matter. The learned Single Judge has observed that as the matter was pending before the Lok Adalat the petitioner should wait for the result of the proceeding before the Lok Adalat. 2 Learned counsel for the appellant has contended before this Court that it was not proper for the Bank to sell the vehicle to some one on 18.2.2009 on an amount of Rs.1,20,100/- and demand the balance amount of Rs.93,472/- from the appellant herein with interest. Learned counsel further submitted that inspite of matter being pending before the Lok Adalat, the Bank has proceeded to dispose of the Vehicle, hence the appellant has filed the writ application. Learned Standing Counsel appearing for the Canara Bank submits that the action of the Bank cannot be found to be faulted, more so the vehicle in question was in bad condition and the Bank has got an offer for purchase of the vehicle on an amount of Rs.1,20,100/- and the same was sold to some one and still an amount of Rs.93,472/- is due and hence a notice vide Annexure-1 was issued to the appellant herein. In this case fact remains that there was no stay granted by the Lok Adalat and as the vehicle was hypothecated by the Bank and the appellant has not cleared the dues and as such action of the Bank cannot be found faulted. However, we are of the opinion that before going into the merits of this case, it would suffice if a direction is given to the Lok Adalat, Kaimur at Bhabua to dispose of the matter pending before it, if not already disposed of, within a period of three months from the date of receipt of this order. This Court orders accordingly. 3 With the above observation this L.P.A. is disposed of. Abhay Kumar ( T. Meena Kumari, J.) (Chandra Mohan Prasad, J.)