HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 35122 of 2011 Petitioner :- Shiv Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Suresh Singh Gautam Respondent Counsel :- C.S.C.,J.B. Singh Hon'ble Dilip Gupta,J.
The petitioner had taken loan of Rs.7 lacs on 18th January, 2005 from the respondent-Allahabad Bank for purchasing a tractor and for installing the tubewell. The petitioner defaulted in making the regular deposits as a result of which the Bank had taken steps and put the property mortgaged to auction which is to be held today.
Sri J.B. Singh, learned counsel appearing for the respondent-Bank states that approximately an amount of Rs.11 lacs is required to be paid by the petitioner.
Learned counsel for the petitioner states that the petitioner is ready to deposit Rs.5 lacs within a month from today, but auction may not to take place as his house is on the land which is sought to be auctioned.
In view of the statement made by learned counsel for the petitioner, the auction proceedings scheduled to be held today shall not be confirmed provided the petitioner deposits a sum of Rs.5 lacs with the respondent-Bank within a month from today. In case, the petitioner commits any default, then the respondent-Bank may proceed to finalise the auction. Appropriate orders for making payment of balance amount shall be passed on the next date of listing.
Learned Standing Counsel appears for respondent Nos. 1 and 2. Sri J.B. Singh has put in appearance on behalf respondent no.3.
The respondents may file the counter affidavit within a period of four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this petition for admission/hearing in the week commencing 5th September, 2011.
Order Date :- 4.7.2011 SK