C.W.P NO. 280 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 280 OF 2009(O & M) DECIDED ON : 29.04.2009 Sita Rani ...Petitioner versus State of Haryana and another ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Ms. Monisha Lamba, Advocate, for the petitioner. Mr. R. D. Sharma, DAG, Haryana, for respondent No.1. Mr. Vishal Gupta, Advocate, for respondent No.2. SURYA KANT, J.(ORAL) The petitioner seeks a restrain order against auctioning of her only residential property. The said residential house is sought to be auctioned by the respondent-Bank in order to recover the arrears of loan from the petitioner's son Ashwani Kumar (who was earlier described by her as a neighbourer). The petitioner is a guarantor. Vide order dated 09.01.2009, it was directed that in case the petitioner deposits a sum of Rs.One lac in two installments of Rs.50,000/- each before 21.02.2009, the auction C.W.P NO. 280 OF 2009 -2- of her house shall remain stayed. The petitioner has complied with the said order and has deposited Rs. One lac. Learned counsel for the respondent-Bank submits that the petitioner and/or the borrower are still liable to pay a sum of Rs.2,61,262/53- up to 28.02.2009. In addition, the petitioner/ borrower are also liable to pay the publication and recovery charges. Learned counsel for the petitioner submits that the entire dues shall be cleared provided that some reasonable period is granted by this Court. Having heard learned counsel for the parties and taking into consideration the totality of circumstances, the writ petition is disposed of with the following directions : 1) The petitioner and/or the borrower (her son) are directed to deposit a sum of Rs.One lac before 31.05.2009; 2) On deposit of Rs.One lac as directed above, the respondent-Bank is directed to remove the seal from the residential premises and hand over its possession to the petitioner; 3) The petitioner and/or the borrower shall thereafter pay the balance loan amount before 31.07.2009. C.W.P NO. 280 OF 2009 -3- 4) In the event of failure, the respondent- Bank shall be entitled to re-seal the house and proceed against the petitioner in accordance with law. Disposed of. Let a copy of this order be given dasti on payment of usual charges. APRIL 29, 2009 (SURYA KANT) shalini JUDGE