IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1555 of 2011 M/S CHOUBEY HEALTH SERVICES (O) LTD. & anr. Versus THE STATE BANK OF INDIA & ORS. ----------- For the petitioners: M/S. P.Dwivedi and Awanish Kumar Pandey, Advocates For the Bank: M/S Aditya Sharan & Hemant Kr. Sharan, Advocates. ---------- 2. 11.5.2011 Heard learned counsel for the petitioners and learned counsel for the State Bank of India. The petitioners seek modification of the order dated 27.10.2010 passed by this Court in CWJC No. 12796/2010. By the aforesaid order this Court had directed the petitioners to pay off the remaining dues of Rs. 80 lacs on compromise in instalments of Rs. 17 lacs by the last day of November, 2010 and of the three succeeding months and the balance amount including interest from 1.1.2011 by 31.3.2011. Now the petitioners have come to this Court to state that they have complied with the directions and paid the instalments of Rs. 17 lacs in first two months and they could pay only Rs. 15 lacs in January, 2011 and nothing thereafter. 2 Learned counsel for the petitioners submits that the petitioners are willing to pay the balance amount along with interest with effect from 1.1.2011 within six months from today. The reasons for non-payment were stated to be closing of the tobacco business of the petitioners. In my view, no such reason can be of any avail to the petitioners as the Bank had agreed to the compromise settlement only on the clear undertaking given on behalf of the petitioners that the entire amount shall be paid positively by 31st March, 2011. The same has not been paid and the petitioners are praying for further six months time for paying off the dues which they were required to pay by 31st March, 2011. In the above circumstances, this Court does not find any reason to modify the order dated 27.10.2010 passed in CWJC No. 12796/2010. The MJC application is accordingly rejected. S.Pandey ( Ramesh Kumar Datta, J.)