IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No 3566 of 2010 SMT RAJ RANI GUPTA, wife of Sri Vishal Anand, resident of Mohalla – Dharman Chouk, At – Arrah, District – Bhojpur -Petitioner Versus 1 The Indian Bank through Deputy General Manager having its office situated at Govind Bhawan, New Dak Bungalow Road, Town and District – Patna 2 The Branch Manager/Assistant General Manager –cum- Authorised Officer, Indian Bank, Branch at Kamala Market, Chitra Toli, Arrah, District - Bhojpur -Respondents ----------- 2 30.08.2010 This modification application has been filed by the petitioner for modifying the order dated 23.03.2010 passed in CWJC No 4898 of 2010. By the said order, this Court had restrained the Bank from selling the house of the petitioner for default in payment of housing loan. It was stipulated in the said order of this Court that petitioner would pay Rs 50,000/- per month and clear the amount alongwith interest by 31st of August, 2010. It was further observed that if in any case, the dues are not cleared by 31st August 2010, Bank would be free to proceed to sell the house. Petitioner, who is a lady, wants some more time to dispose of the loan. It is stated that it was a Housing Loan and was repayable in about 18 years. Because of default, she is being asked to pay the entire amount at one go. In the said house, she has a readymade garment shop in the groundfloor and stairs above. Today, a counter affidavit has been filed by the Bank that this is not the only house, the family has. Her husband has an ancestral house in the town itself. Be that as it may, these are matters which had been considered by this Court on the earlier occasion and it is not a petition for review. Petitioner states that Ara being a small place, it is difficult for her to raise the said money especially when her husband and father-in-law are 2 not cooperating. Learned counsel for the Bank states that both petitioner’s husband and father-in-law are also guarantors of the loan aforesaid but the property mortgaged stands in the name of the petitioner. It is only a ploy to delay the sale of the property. Bank, however, fairly states that they are not interested in the property. They are interested in their loan being liquidated. The learned counsel for the petitioner states that the property is being intended to be sold by the Bank with a reserve price of only about Rs 5 lacs as against market value of over Rs 30 lacs and that is the reason why the Bank is anxious to sell. The dues, at present, will not exceed Rs 3 lacs. Having considered the entire matter, as a matter of last indulgence, petitioner is given three months’ time to liquidate the entire dues alongwith interest as noticed in the earlier order in the writ petition. Petitioner would be at liberty to negotiate for sale of the property with any party and upon negotiation being finalised, within the period of three months, deposit the entire outstanding with the Bank whereupon the Bank would release the document of title treating the mortgage to be redeemed and petitioner would then execute the sale deed in favour of the purchaser. If, by 30th of November, 2010 Bank dues are not cleared, the Bank would be free to sell the property and this Court will not entertain any further application of the petitioner on whatever ground it may be. This disposes of the modification application. M.E.H./ (Navaniti Prasad Singh)