WP(C) 3358/2009 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. S. Dutta, learned counsel for the petitioner and Mr. Rajib Cha kraborty, learned Standing Counsel for the respondent/Bank. The brief story as reflected in this writ petition is that the petitione r obtained financial assistance from the respondent Bank to purchase certain mac hineries on 5/12/07. As security for repayment of the loan, the machineries in question were hypothecated apart from other guarantees/securities. The petition er was to pay the said loan on regular monthly instalments basis since 2008, whi ch he duly obeyed. But due to some financial crisis some of the monthly instalm ents could not be paid. On such default of the petitioner, the respondent/Bank took possession over the hypothecated machineries and demanded payment of the en tire outstanding dues from the petitioner. Mr. Chakaborty, learned Standing Counsel upon instruction submits that t he petitioner is defaulted in payment of the instalments and the other post-date d cheques paid by the petitioner towards the loan instalments have also been bou nced. On such a situation, as per agreement, the Bank took the possession of th e machineries for dealing with the appropriate action for realization of the due s. Mr. Dutta, learned counsel for the petitioner submits that the machineri es are utilized by the petitioner for earning his livelihood and in the event, t he machineries are sold by the Bank that would cause irreparable loss to him. Th e petitioner would be able to pay the entire dues, in the event, if a period of 10 days is granted. Mr. Dutta further submits that the petitioner may be allowed to approach the Bank, if so desires, to pay the outstanding instalment dues. In view of the aforesaid undertaking given by the petitioner to repay th e outstanding dues within a period of 10 days, the writ petition is disposed of with a direction that the petitioner shall approach the Bank within a period of 10(ten) days from today and shall pay the all the outstanding dues of instalment s and on such payment the hypothecated machineries be handed over to the petitio ner by the Bank. It is made clear that the aforesaid dues will cover the outsta nding instalments dues up-to-date and the petitioner shall pay the future loan i nstalments regularly on monthly basis. With this order, this writ petition stands disposed of.