Court No. - 36 Case :- WRIT - C No. - 139 of 2010 Petitioner :- Maharani Deen Yadav And Another Respondent :- State Bank Of Bikaner And Jaipur New Delhi And Another Petitioner Counsel :- Vishnu Gupta Respondent Counsel :- Rakesh Mishra Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard Shri Vishnu Gupta, learned counsel for the petitioners and Shri Rakesh
Mishra representing the contesting respondent-Bank.
The learned counsel for the petitioners at the very outset submits that the
petitioners are prepared to pay the entire outstanding dues of the respondent-
Bank provided some breathing time is granted to them. An objection
regarding maintainability of the present writ petition was raised by the learned
counsel for the respondent Bank in view of Section 17 of Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002.
Looking to the fact that Bank is interested in the payment of its dues and the
fact that the petitioners are prepared to pay the balance amount, we think it
proper to give some relief to the petitioners by giving time to make the
necessary deposits.
Recovery citation has been issued showing the aggregate outstanding dues of
Rs.8,18,655.40 out of which according to the petitioners a sum of
Rs.4,88,500/- has been deposited, copies of the receipts have been annexed
along with the writ petition.
This being so, the petitioners are directed to deposit a sum of Rs.1,00,000 on
or before 15.2.2010. If the petitioners make the deposits as provided afore
stated, the recovery for the balance amount shall remain stayed. The
petitioners are required to deposit the balance amount on or before 15.6.2010.
In case of default, the writ petition shall stand dismissed.
By way of interim measure it is provided that the property shall not be put to
auction till 15.2.2010 and if the petitioner makes the deposit as provided
above, it shall not be put to auction till 15.6.2010.
Subject to aforesaid observations, the writ petition is disposed of finally.
Order Date :- 6.1.2010
IB