CR No.282 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.282 of 2010 (O&M) Date of decision: 17.3.2010 Salwinder Singh ......Petitioner(s) Versus Punjab and Sind Bank and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. B.S. Jaswal, Advocate for the petitioner. Mr. I.P. Singh, Advocate for the respondents. Rakesh Kumar Garg, J.(Oral) CM No.6745-CII of 2010 Application is allowed. Affidavit of the petitioner is taken on record. CR No.282 of 2010 By way of present revision petition, the judgment-debtor has challenged the impugned orders dated 19.9.2007 and 27.11.2009 whereby his residential house has been ordered to be sold in execution of the decree. At the outset, it may be relevant to mention that notice of motion was issued to the respondents on the statement of learned counsel for the petitioner that the petitioner was ready to satisfy the decree by making the payment in instalments. The petitioner vide his affidavit dated 16.3.2010 has undertaken to deposit a sum of Rs.1,00,000/- on or before 20.3.2010 and has further undertaken that thereafter, he will pay the remaining amount in four instalments as detailed in para No.1 of the affidavit which is reproduced hereunder: CR No.282 of 2010 (O&M) 2 “1. That the deponent undertakes to deposit a sum of Rs.One lac on or before 20.3.2010. The deponent is also ready to make the payment of the decretal amount along with interest in four instalments which he will pay on the following dates: (i) The remaining amount out of 1st instalment on or before 15th of April 2010 which shall be calculated by the bank. (One lac rupees will be reduced from the 1st instalment) (ii) IInd instalment:- On or before 15th July 2010. (iii)IIIrd instalment:- On or before 15th Nov. 2010 (iv)Ivth instalment:- On or before 15th Feb 2011.” Sh. I.P.Singh, Advocate appearing on behalf of the respondents has no objection to the aforesaid arrangement of payment by the petitioner. Thus, on the basis of the consensus reached between the parties, this revision petition is disposed of with the observation that the petitioner shall be at liberty to satisfy the decree in question as per para No.1 of the affidavit dated 16.3.2010 submitted by him in the Court. However, it is made clear that on any default committed on his part, the respondent-Bank shall be entitled to get the decree executed through the process of law and this revision petition shall be deemed to have been dismissed. Before parting with this order, it may be observed that in the CR No.282 of 2010 (O&M) 3 calculations of upto date payment, the Bank has shown litigation expenses of an amount of Rs.22,000/- + Rs.10,000/- for pursuing these proceedings. Keeping in view the totality of circumstances, let the respondent-Bank take a sympathetic and lenient view and consider deleting this amount while calculating the decretal amount. If the amount of Rs.1,00,000/- as brought by the petitioner is deposited on or before 21.3.2010, the proceedings for selling the house of the petitioner shall remain stayed till further orders. Disposed of as indicated above. March 17, 2010 (RAKESH KUMAR GARG) ps JUDGE