IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7051 of 2008 M/S VAISHALI TYRES & TREAD Versus THE CANARA BANK & ORS For the Petitioner : Mr. Gautam Kejriwal, Advocate, Mr. P.C. Agrawal, Advocate, Ms. Shabina Rubab, Advocate, Mr. Akash Chaturvedi, Advocate. For the Respondent Bank : Mrs. Nilu Agrawal. Advocate. ----------- 02 09.5.2008 The petitioner was indebted to the respondent Canara Bank, Hazipur. As evident from Annexure-2. the letter dated 2.4.2008 of the said Bank, it is clear that the matter had been settled at Rs. 6,75,000/- and installments therein fixed and the last date for liquidating the loan therein was 30th of May, 2008. The petitioner was unable to keep up to the installments and the aggrieved Bank has thus taken a drastic stand of advertising the whole residential house of petitioner which is valued at above Rs. 15 Lacs for auction sale. In my view, as the petitioner has expressed his willingness to liquidate the dues as per the agreement already entered into, it is a fit case in which the petitioner may be granted accommodation. As noticed above, the dues were to be cleared by 30th of May, 2008, that is the end of this month. I deem it fit to extend the said date up to 30th of July, 2008 by when the entire amount of Rs. 6,75,000/- would be deposited with the Bank in question either in one installment or in part payments. Let it be noted that this is a undertaking by the petitioner based on which the auction notice, as contained in 2 Annexure-4, is being kept in abeyance, on failing to clear this entire dues by the 30th of July, Bank would be free to proceed against the properties as mentioned in the notice aforesaid. This in my view disposes of the writ application itself. Let a copy of this order be given to the learned counsel for the respondent Bank for communication to the concerned authority. This order is being passed on the fair stand taken by the learned counsel for the Bank stating that the Bank is not interested in either property or making any person homeless, but is interested only for recovery of its due. P.K. (Navanit Prasad Singh,J.)