BISWANATH SOMADDER,J. - (1.) Let the affidavit-in-opposition filed on behalf of the respondent nos. 2, 3, 4 and 5 today be kept on record.
(2.) This matter appears under the heading "For Final Disposal". Perusing the records, it appears that on 19th August, 2011, this matter was earlier taken up for consideration. After considering the submissions made by the learned advocate for the parties, the Court had observed, inter alia, that there was no scope of passing any interim order at that stage as the notices which had been challenged in the writ petition were not de hors the provisions of the 1983 Act or the 1987 Rules. However, a conditional order was passed by the Court taking into account the admitted sums being due and owed by the petitioner to Contai Cooperative Agriculture and Rural Development Bank, upon recording the fact that such sums had not even been paid till that day. The Court, thereafter, directed that in the event the petitioner deposited with the bank a sum of Rs. 2,00,000/-, in two equal instalments of Rs. 1,00,000/- each, the first of which was to be paid on that day itself, the bank was not to take steps to sell the petitioner's mortgaged property till 1st September, 2011. The Court also directed that the second instalment of Rs. 1,00,000/- to be paid by 26th August, 2011. In default of payment of any of the instalments, the Bank was given liberty to take steps forthwith to sell of the properties mentioned in Sale Proclamation dated 17th June, 2011.
(3.) It is pointed out by the learned advocate representing the respondent nos. 2, 3, 4 and 5 today that the petitioner has made no effort to pay any of the instalments as directed by this Court in the order dated 19th August, 2011.;