The petitioner challenges the sale notice issued at Ext.P1. An interim order was granted, directing remittance of Rs.15,000/- in two intalments. If the said order has not been complied with, definitely the sale would have even proceeded with. In which event, nothing survives in this writ petition. However, if the amounts were paid and proceedings were kept in abeyance, the respondent Bank shall issue a fresh statement of accounts to the petitioner by registered post and permit the petitioner to pay the same in six instalments on the following terms:- (i) The petitioners shall produce a certified copy of this judgment before the 3rd respondent within two weeks of receipt of the same.
(ii) The 3rd respondent shall quantify the amounts due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 30.11.2014.
W.P.(C) No.20266 of 2010 - G 2
(iii) The 3rd respondent shall grant six monthly instalments for the payment of the balance dues, starting from 11.12.2014 and followed up on 11th of each succeeding month.
(iv) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(v) On the petitioner making any default, the recovery steps initiated shall revive and continue.
(vi) On the satisfaction of the dues as per the statement, the Bank shall give a statement from 30.112014 and the same shall be settled as the 11th instalment.
(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
K. VINOD CHANDRAN, JUDGE SB