IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.326 of 2008 1. The Chairman, UCO Bank, 10 Biplabi Tralokya Maharaj Sarani [Brabourne Road], Kolkata-700001. 2. The Regional Manager, UCO Bank, Maurya Lok Complex, 4th Floor, DAk Bunglow Road, Patna. 3. The Chief Manager, UCO Bank, Main Branch, Exhibition Road, Patna. 4. The Assistant General Manager, Strategic Planning Department, UCO Bank Head Office. -Respondents/Petitioners. Versus Smt. Husna Ara, Wife of Md. Naseem, Resident of Dariyapur, Bari Road, Opposite Collegiate School, P.S.-Pirbahore, District-Patna. -Petitioner/Opposite Party. ----------- 03 08.07.2009 The present application is for modification/clarification of order passed by this Court while disposing of the writ petition being C.W.J.C. No. 14077 of 2008 on 24.10.2008. It is stated by Mr. Chitranjan Sinha, learned Senior counsel appearing in support of the application that after orders of this Court were passed bank made further enquiries and certain nefarious transaction in relation to petitioner’s house were noticed. When these were brought to the notice of the petitioner, petitioner has written on 02.11.2008, 11.12.2008 and further on 17.12.2008, whereby the writ petitioner has agreed to repay the entire loan and does not want any further disbursement. Learned Senior counsel further submits that on the one hand the petitioner had obtained a writ from this Court for full disbursement, on the other hand she has now desired not to avail of the loan which position may be clarified by this Court. In my view, it is a simple proposition of law that an order in favour of a person and right accruing in favour of the person may be waived by the said person in whose favour the right or order is. Bank - 2 - submits that petitioner has waived her right to ask for balance disbursement rather she is desirous to liquidate the loan contrary to the order passed in the writ petition. The bank would be relieved of its obligation passed in the writ petition, writ petitioner would now be obliged to repay the loan, as per the agreement and parties would be bound in terms thereof, including in regard to recovery. With the aforesaid observations and directions, this application is disposed of. Trivedi/ (Navaniti Prasad Singh, J)