JUDGMENT 1. - This writ petition has been filed against the action of U.Co. Bank, Rural Development Branch, Chittora - Renwal for the reason that the FDR purchased by the petitioner has not been refunded even inspite of the fact that the said FDR has matured on 21.11.90. The petitioner has given a guarantee for obtaining the loan by Govind Sahai Sharma and Laxmi Devi from the bank. From the said loan a tractor was purchased and the payment to the bank was not made. 2. Mr. Sharma, appearing on behalf of Govind Sahai Sharma submits that the said tractor is in possession of Radha Kishan Kalvaniya who was the guarantor and there was a verbal understanding that from the earning of the said tractor, the amount would be paid to the bank. 3. Mr. Garg, appearing on behalf of the bank submits that the matter is covered by the decision of the Apex Court in the case of Punjab National Bank v. Surendra Prasad Sinha, AIR 1992 SC 185 , wherein it was held that the adjustment of the FDR, security deposited by the guarantor on maturity of the said deposit is permissible. 4. I have considered over the matter. Though, it is a civil dispute but the submission of Mr. Sharma is that he is not in possession of the tractor and, therefore, the petitioner who was a guarantor is liable for making the payment. It is directed that the bank will take possession of the tractor through the help of the police and would dispose of the said tractor within a period of three months from the date of taking poss6&ion by public auction. The amount would be adjusted towards the liability outstanding against respondent No. 2 and 3 and in respect of balance amount the FDR shall be renewed from the date it has matured and the interest accummulated thereon shall remain with the bank till the sale proceed of the tractor are realised and after realising the sale proceed of the tractor, the balance amount only would be adjusted from the FDR so renewed. 5. The writ petition stands disposed of in accordance with the directions given above.Writ Petition Disposed As Per Above Direction. *******