IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3072 of 2008 M/S MAA JAGDAMBA MINI RICE MILLS Versus CANARA BANK & ORS ----------- 2 28.01.2009 Heard Mr. R.C. Sinha, learned counsel for the petitioner and Mrs. Nilu Agrawal, learned counsel appearing on behalf of the Canara Bank. A prayer has been made in this application to extend the time limit for depositing of the amount in terms of the earlier order of this Court dated 12.5.2008. This Court on an earlier order dated 12.5.2008 had passed an order directing the petitioner to deposit a sum of Rs. 1,42,000/- in the following manner :- “In that view of the matter, this Court directs the petitioner to deposit Rs. 50,000/-in the first installment by 12th of July, 2008 and next Rs. 50,000/-by 12th of September, 2008 and the balance amount by 12th of November, 2008. In the event of failure of payment of any installment, the Bank will be at liberty to take appropriate action.” Mr. Sinha, would submit that on account of paucity of fund and some other constraints such payment could not be made though the petitioner is still prepared to clear of his entire dues and that he can do so, if the time is extended on 31st of March, 2009. Mrs. Agrawal, on the other hand, with reference to the statement of account of the petitioner for the period 01.01.2004 to 27.01.2009 (copy whereof has been filed and is kept on record) has submitted that as a matter of fact after the - 2 - order of this Court dated 12.5.2008, the petitioner had made payment of Rs. 5000/- only. She would therefore, submit that there is complete lack of bonafide on the part of the petitioner to be given such accommodation by extension of time for making payment of amount. This Court after hearing of the parties by way of last indulgence would grant the petitioner time till 31st of March, 2009 to deposit the entire amount in one go and while doing so, the petitioner will be also liable to pay the interest on the installment payable by him on 12th of July, 2008, 12th of September 2008 and 12th of November, 2008 at the rate fixed by the Bank in terms of its earlier decision as contained in Annexure-A to the counter affidavit filed in C.W.J.C. No. 6387 of 2008. The Bank, therefore, would also immediately convey the total amount payable by the petitioner by 31st of March 2009 and in the event the petitioner fails to pay such amount, the Bank will be at liberty to take appropriate action against the petitioner and his assets in accordance with law. With the aforementioned observations and directions this application is disposed of. Bibhash (Mihir Kumar Jha, J.)