IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4898 of 2010 Smt.Raj Rani Gupta wife of Sri Vishal Anand, resident of Mohalla-Dharman Chowk, AT, P.O. & P.S.-Arrah, District-Bhojpur. -Petitioner. VERSUS 1. The Indian Bank through Deputy General Manager, having its office situated at Govind Bhawan, New Dak Banglow Road, Town & District-Patna. 2. The Branch Manager/Assistant General Manager-cum-Authorised Officer, Indian Bank, Branch at Kamala Market, Chitra Toli, Arrah, District-Bhojpur. -Respondents. ----------- 02 23.03.2010 The petitioner who is a lady had obtained home loan from Indian Bank, Branch at Kamala Market, Chitra Toli, Arrah. As is usual, loan having been taken and house having been built, there was a consistent default, the account became NPA. Bank has now advertised the property, which has been mortgaged to it, for sale and the date of sale is fixed on 29.03.2010. This has brought the petitioner to this Court. Learned counsel for the Bank has appeared and fairly states that Bank is not interested with recovering its money if petitioner is able to give a concrete plan to liquidate the dues, which she is legally bound to, Bank would not proceed to sale the property. Learned counsel for the petitioner states that the family of the petitioner was in the business of ready made garments, which did not function profitably, still as and when funds were available payments were made. He prays for some accommodation to liquidate the dues. On behalf of petitioner, it is undertaken that petitioner - 2 - would deposit an amount of Rs.50,000/- by 31st March, 2010 to the Bank towards payment of her liability. The balance would be about Rs.2.64 lacs with interest at the contractual rate of 9.50% would be deposited by 31st August, 2010. However, petitioner would pay at least Rs.50,000/- per month and clear the account by 31st August, 2010. This order, however, will not come in way of the Bank and the petitioner in further negotiating for an earlier payment whereby the Bank could waive interest or other charges as are mutually agreed. If in any case dues are not cleared by 31st August, 2010, as undertaken by the petitioner, the Bank would be free to proceed in the matter as if no order had been passed. This order is being passed keeping in view the fact that this is the only residential house of the petitioner in which she and her family resides, which is being sought to be sold. With these observations and directions, the writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)