The petitioner has approached this Court with the following prayers:
“a) Call for the records leading up to Ext.P2 and P3 notice and quash the same by issuance of a Writ of Certiorari or any other appropriate writ, order or direction.
b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent bank to permit the petitioner to pay the entire due in instalment after deducting the penal interest and other charges added on the amount due to the bank.
and
c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.”
2. When the matter came up for consideration on 30.09.2014, the following interim order was passed:
“Learned Standing Counsel appearing for the respondent Bank seeks for time to get instructions, and to file statement.
'Status quo' shall be maintained till the next date of posting, on condition that the petitioner deposits a sum of Rs.5,00,000/- (Rupees Five lakhs only) within ten days.
Post on 13.10.2014.”
Another order was passed on 13.10.2014 in the following terms:
W.P.(C) No.25408 of 2014 2 “The learned Standing Counsel for the respondent Bank submits that the condition imposed by this Court while passing the interim order dated 30.09.2014, has been complied with. It is also pointed out that the representation preferred by the petitioner for settlement of Accounts is pending consideration and that the matter may be posted after two weeks.
Post after two weeks.
Interim order will continue till the next date of posting.”
Today, the learned counsel appearing for the respondent Bank submits that, the total liability was agreed to be discharged, by effecting payment of a sum of Rs.15,00,000/- (Rupees Fifteen lakhs only), out of which a sum of Rs.5,00,000/- (Rupees Five lakhs only)already been satisfied. It is stated that, the petitioner has agreed to clear the balance amount of Rupees Ten lakhs on or before the 31st of December, 2014 and that it is agreeable to the Bank.
3. In the said circumstances, the writ petition is disposed of, directing the petitioner to satisfy the balance sum of Rs.10,00,000/- (Rupees Ten lakhs only) on or before 31.12.2014.
4. Coercive proceedings, if any, will be kept in abeyance till such time.
5. It is made clear that, if any default is committed with W.P.(C) No.25408 of 2014 3 regard to satisfaction of the liability as above, it will be open for the respondent Bank to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp