IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.105 of 2009 1. Punjab National Bank through its General Manager, Bhikhaji Cama Place, New Delhi, 2. The Zonal Manager, Punjab National Bank, Integrated Zonal Office, Patna, 3. The Chief Manager, Punjab National Bank, Special Asset Management Section, Integrated Zonal Office, Patna. 4. The Sr.Manager,Punjab National Bank,B/O SSI,Patna, J.J. Complex, East Boring Road, Patna, 5. The Branch Manager, Punjab National Bank, B/O S.S.I., Patna J.J. Complex, East Boring Canal Road, Patna …Respondents/Appellants versus M/s Swastik Cereals Pvt. Ltd. Through its Director, Rama Kant Singh son of late Ram Khelawan Singh, resident of 101, Lotus Apartment, New Pataliputra Colony, P.S. Pataliputra, District Patna, …Petitioner/Respondent …. 4 08.04.2009 Heard learned counsel for both the sides. The writ petitioner borrowed Rs. 2.11 crores as term loan from the creditor Bank and amount of Rs. 1.60 crores for working capaital. The petitioner was not able to repay the amount in time, therefore, he became defaulter. Eventually, part payments were made, interest liability also increased. A proceeding was taken against the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for the entire dues including interest. Final settlement 2 was arrived at under OTS scheme for Rs. 2.60 crores with interest. When that amount was not paid in full, coercive processes were taken against the writ petitioner. The writ petitioner approached this Court and this Court finding the efforts of the petitioner to be in earnest, directed him to deposit the balance of the compromise amount, which was about Rs. 1.40 crores. That was also paid. It is now not in dispute that after entering into the compromise and as a consequence of orders of this Court, the writ petitioner deposited the total OTS amount of Rs. 2.60 crores. Still there is some dispute regarding the interest. The writ petitioner was ready to pay the entire amount as agreed for OTS scheme with interest. But, according to the appellant Bank, payment of amount as due under OTS scheme is not in time, benefit of OTS scheme was levied for full amount of interest as full interest can be realised. The learned single Judge of this Court after considering all the circumstances while exercising discretionary power, has directed by the impugned order that all further proceedings against the writ petitioner will remain in abeyance and the Bank is restrained from taking 3 any steps till disposal of the writ petition. It is only an interim order of this Court. In the above facts and circumstances of this case, we do not see any ground to interfere with the impugned interim order passed by the learned single Judge as an intra Court appeal. It is for the appellant to approach the learned single Judge of this Court for early hearing of the writ application or for modification of the order. This appeal is, accordingly, dismissed. (J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)