The petitioner has approached this Court with the following prayers:
“(i) to set aside Exhibit-P1 Sale Notice to the extent it relates to the petitioner's property which is more fully described as Item No.3.
(ii) to issue a writ of mandamus or other appropriate order or direction commanding the Respondent Bank to regularise the petitioner's loan account and to permit the petitioner to remit the amount required for such regularisation, in instalments.
(iii) to issue a writ of mandamus or other appropriate order or direction commanding the Respondent Bank to permit the petitioner to close the loan in monthly instalments.
2. When the matter came up for consideration on 24.09.2014, the following interim order was passed:
“Urgent notice on admission to the respondent by Speed Post.
2. The learned counsel for the petitioner submits that, the petitioner does not intend to dispute the liability and that the prayer is to permit the petitioner to close the loan by way of reasonable instalments. It W.P.C. No. 24805 of 2014 -2-
is stated that, the petitioner has already deposited Rupees Five Lakhs and that the sale is scheduled to be held tomorrow, as shown in Ext.P1 sale notice.
In the said circumstances, the petitioner is directed to deposit a further sum of Rupees Ten lakhs within 'three weeks'.
Confirmation of sale, if any, pursuant to Ext.P1 shall be kept in abeyance for a period of one month.
Post after three weeks.”
3. The learned counsel for the respondent Bank submits that the condition imposed has not been satisfied. There is no representation for the petitioner as well.
In the said circumstance, this Court does not find it as a fit case to call for interference. Interference is declined and the writ petition is dismissed, without prejudice to the rights and liberties of the petitioner to pursue other appropriate remedy, if any. No costs.
P.R. RAMACHANDRA MENON, JUDGE.
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