IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3315 of 2010 Decided on 19.6.2010 Jeet Singh ….Petitioner Versus UCO Bank …Respondent Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner: Mr. Sanjeev Bhushan, Advocate. For Respondents Mr. R.K. Sharma, Sr. Addl. A.G. Justice Kurian Joseph, C.J. (Oral) Petitioner has in fact approached this court under Article 226 of the Constitution of India aggrieved by an order, passed by the Execution Court in the proceedings under Order 21 Rule 66 of the Civil Procedure Code. No doubt, the remedy is not available under Article 226 of the Constitution of India. Learned counsel for the petitioner submits that it is only an inadvertent mistake on his part. On facts, we find that the only grievance of the petitioner is that the amounts, already paid by the petitioner and credited duly by the bank, have not been taken note of by the Execution Court. It is also submitted that the petitioner is prepared to settle the account with the bank by paying the actual dues and if that be so, the proclamation for the sale and follow up steps are unnecessary. 2. There will be a direction to the Executing Court to look into the submission. In case the petitioner deposits the actual amounts, due to the bank, on or before 15th July, 2010, it would certainly be unnecessary for the court to proceed with the execution. In order to give such an opportunity to the petitioner, the impugned proceedings for proclamation of the sale may be deferred till 15th July, 2010. The petitioner may immediately produce a copy of this judgment alongwith the copy of the writ petition before the Execution Court and also serve a copy on the decree holder bank, since no notice is issued to the respondent/decree holder and in the nature of order we have passed above, it is unnecessary to issue notice either. The decree holder will file a statement of the outstanding dues, to be paid by the petitioner, so as to settle the accounts, within a week on the production of copy of this judgment alongwith the copy of the writ petition before the bank. 3. We make it clear that in case the payment, as above, is not made, it will be open to the Execution Court to proceed with the sale, as scheduled. The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. June 19, 2010(K/HL) ( Justice Kuldip Singh ), Judge