IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.428 of 2011 ----------- Mansoor Ansari Ashrafi, son of Md. Kasim Ansari, resident of 2 &2/A Rani Plaza, Exhibition Road, P.S. Gandhi Maidan, Town and District Patna ……… Petitioner Versus 1. The Syndicate Bank, a Government of India enterprises, having its registered office at Manipal (Karnataka) through its Chief General Manager, Regional Office at Maurya Lok, Patna (Bihar)/ 2. The Senior Branch Manager, Syndicate Bank, Frazer Road, Patna 3. The Authorized Officer, Syndicate Bank, Frazer Road, Patna … Opposite Parties ------ For the Petitioner : M/s Abbas Haider and Rajesh Mohan, Advocates. For the Opposite Parties : None. …….. 04/ 23.03.2011 This petition has been filed on 27.01.2011 by the petitioner for modification of order dated 22.12.2010 passed in C.W.J.C. No. 12640 of 2010 by extension of time for compliance of this Court’s order mentioned above. By the said order time till 31.01.2011 was granted to the petitioner to deposit the entire due amount in the respondent Bank. Thus this petition was filed before the expiry of time granted by this Court. 2. In this case, the opposite parties, namely, the Syndicate Bank and its authorities appeared through their learned counsel and when this case was taken up on 09.03.2011 they prayed for one week adjournment. Although learned counsel for the petitioner opposed the said prayer as according to him the physical possession of the property in question was going to be taken up on 24.03.2011 but considering the facts and circumstances of the case the said prayer of the opposite parties was allowed and the case was 2 directed to be listed after one week. 3. Today when the case is called out, learned counsel for the petitioner is present alongwith a cheque of the entire due amount, but no one appears for the opposite parties although the name of their learned counsel is appearing on the daily cause list. In the said circumstances, the prayer of the petitioner stands unopposed as the opposite parties have also not filed any counter affidavit. 4. In the said circumstances, this petition is allowed and the time granted by this Court vide order dated 22.12.2010 passed in C.W.J.C. No. 12540 of 2010 is extended till 15.04.2011 and the petitioner is directed to fulfil his undertaking by depositing the entire due amount as settled earlier in the respondent Bank by 15.04.2011. Till then no coercive action shall be taken by the opposite parties against the petitioner or his immovable properties. If the petitioner fails to deposit the entire due amount as settled earlier in the respondent Bank by 15.04.2011, the respondent Bank shall be free to take all coercive actions against the petitioner and his properties for recovery of the due amount in accordance with law. It is made clear that no further extension of time for compliance of the said order of this Court shall be granted to the petitioner. MPS/ ( S. N. Hussain, J. )