IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8502 of 2009 MANGI LAL KABRA Versus THE PUNJAB NATIONAL BANK & ORS ----------- 2 24.7.2009 The petitioner has filed a supplementary affidavit stating therein that a notice under section 13(4) of the SARFAESI Act was issued asking the petitioner to hand over possession of the residential flat on or before 27.7.2009. Learned counsel submits that the petitioner is willing to make the entire payment within a very short period. In para 3 of the supplementary affidavit the petitioner has stated that 25% of the outstanding amount of Rs.3,19,920/- would be paid within one month from today and further 75% would be paid within next three months, i.e. on/before 24th of November,2009. The respondent bank would be more interested in getting recovery of the money in respect of taking possession of the house of the petitioner and not in putting it for auction sale. In view of the affidavit filed by the petitioner this writ application is disposed of in the aforesaid term and the impugned notice under section 13 (4) of the said Act issued by the respondent Bank shall be kept in abeyance for five months from today. In case he fails to comply with the aforesaid undertaking by the stipulated period of five months from today notice would automatically be revived. 2 With the aforesaid observation this writ application is disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)