Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:61128
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1165 of 2025 Rajkumari Sahu W/o Late Shri Sripati Sahu Aged About 52 Years R/o Ward No. 36, Nageshwar Nagar, Near Ashish Kirana Store, Birgaon, District Raipur, Chhattisgarh.
... Applicant versus 1 - State of Chhattisgarh Through Collector, Raipur, Chhattisgarh. 2 - The Tehsildar Tehsil Dharsiva, District Raipur, Chhattisgarh. 3 - Ujjivan Small Finance Bank Limited House No. 38/517, 518, 564/4, Ground And First Floor, Tatyapara, Ward No. 38, P.C. No. 106-A, Raipur, Chhattisgarh. 4 - HDFC Life Insurance Company Limited 11th Floor, Lodha Excelus, Apollo Mills Compound, N.M. Joshi Road, Mahalaxmi, Mumbai 400011 (Maharashtra)
... Respondents For Applicant : Mr. Pankaj Singh, Advocate For State /Respondents No.1 & 2 : Ms. Priya Sharma, PL For Respondent No.3 : Mr. Jitendra Pali, Advocate For Respondent No.4 : Mr. Gary Mukhopadhyay, Advocate ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.21 15:50:40 +0530
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(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 12/12/2025
1. The instant application under Section 151 of the CPC, 1908 read with Article 226/227 of the Constitution of India has been filed for seeking extension of time to deposit the balance amount pursuant to the order dated 28/08/2025 passed in WPC No.1596 of 2025.
2. This Court in WPC No.1596 of 2025 has passed the following order:- At the outset, learned counsel for the petitioner contended that the petitioner is ready to pay the amount of Rs. 26,00,000/- including one time settlement on or before 31st October
2025.
2. Learned counsel for the respondent No.3, appearing along with the Area Manage, Ujjivan Small Finance Bank Limited, Raipur submits that if the petitioner will pay the amount of Rs. 26,00,000/- on or before 31st October 2025, as a full and final payment in that circumstance, the Bank is ready to settle the dispute.
3. In view of the above contention of the counsel for the respondent No.3, it is directed that the petitioner shall deposit the sum of Rs. 26,00,000/- on or before 31st October 2025. If the petitioner has already deposited Rs. 5,00,000/- then she may deposit the remaining amount of Rs. 21,00,000/-. This amount would be deposited in two installments ie. 5,00,000/- before 30th September 2025 and thereafter the
3 / 5 remaining amount would be deposited by 31st October 2025.
4. It is made clear that no further extension of time would be granted to the petitioner. However, the petitioner would be at liberty to take recourse against the respondent No.4if law permits.
5. With the above observation, the petition stands disposed of.
3.
Learned counsel for the petitioner would contend that the petitioner is a widow and homemaker, having no independent source of income. He would next contend that in order to comply with the settlement, she had planned to arrange funds by selling her agricultural land situated at Ballia (U.P.), which is her only substantial asset and the sale of the said land could not be completed within the stipulated period as the land was under cultivation by a tenant farmer, standing crops were yet to be harvested, and the land could not be legally or practically sold until completion of the agricultural cycle and clearance of possession. He would next contend that the sale process has now progressed, and the petitioner undertakes to deposit the balance settlement amount of Rs. 21,00,000/- immediately upon completion of the sale of the said land, if a short extension of time is granted. Therefore, further time is prayed for to comply with the order dated 28.08.2025.
4.
Learned counsel for the respondents submit that they have no objection. 5. Heard learned counsel for the parties and perused the documents. 6. This application has been preferred seeking extension of time for
4 / 5 compliance of the order dated 28.08.2025 passed in W.P.(C) No. 1596 of 2025, whereby this Court, upon recording the petitioner’s willingness and the respondent Bank’s consent, accepted a one-time settlement for a total sum of Rs. 26,00,000/-, directing the petitioner to deposit Rs. 5,00,000/- by 30.09.2025 and the remaining Rs. 21,00,000/- by
31.10.2025. 7. The petitioner has explained, by way of cogent reasons, that she is a widow and homemaker with no independent source of income and had intended to raise funds by selling her agricultural land situated at Ballia (U.P.). It is averred that due to the land being under cultivation by a tenant farmer and standing crops not having been harvested, the sale could not be completed within the stipulated time. It is further stated that the petitioner has acted bona fide, has already initiated proceedings against the insurance company pursuant to liberty granted by this Court, and that the sale process has now progressed substantially. 8. It is also evident that the present application does not seek to reopen the writ petition or to resile from the settlement already accepted by this Court, but merely seeks a reasonable extension of time to complete compliance. No serious prejudice is shown to be caused to the respondents if a short indulgence is granted, whereas refusal may result in irreparable hardship to the petitioner and defeat the settlement recorded by this Court. Considering the facts and circumstances of the case, the bona fide conduct of the petitioner, and in the interest of justice, this Court is inclined to grant the relief prayed for. 5 / 5
9. Accordingly, the application is allowed. The petitioner is granted a further period of 90 (ninety) days from today to deposit the remaining settlement amount of Rs. 21,00,000/- in terms of the order dated 28.08.2025 passed in W.P.(C) No. 1596 of 2025. It is directed that during the aforesaid extended period, no coercive steps shall be taken against the petitioner by the respondents, subject to the petitioner strictly adhering to the timeline now granted.
It is made clear that no further extension shall be granted and, in case of default, the respondents shall be at liberty to proceed in accordance with law. 10. The application stands disposed of accordingly. SD/- (Arvind Kumar Verma)
JUDGE ashu