BHAGATH SINGH R. S/O. LATE RATAN SINGH, SRI G. SANTOSH S/O. LATE GOVIND AND SRI T. RAMACHANDRA S/O. LATE T. ANANTH BHAT Vs. THE AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED

JUDGEMENT

(1.) IN these writ petitions, Petitioners are seeking a writ of mandamus against the Respondent -Bank to open the lock which was allegedly, illegally put to the premises belonging to the 1st Petitioner and to award damages as well as to pass such other necessary orders as are just and equitable.

(2.) THE 1st Petitioner has availed loan from the Respondent -Bank in the year 2008 in a sum of Rs. 31.00 lakhs. Petitioners 2 and 3 are the tenants in the property belonging to the 1st Petitioner. According to the Petitioner, he was regular in payment of equated monthly installments at the rate of Rs. 31,431/ - as per the agreement. The schedule of repayment is spread over a period of 240 months.

(3.) THIS Court granted an interim order on 28.10.2010 as prayed for on condition that the Petitioner deposits Rs. 3.00 lakhs within four weeks from 28.10.2010. The Petitioner has admittedly deposited the said sum of Rs. 3.00 lakhs within the time stipulated and has been also put back in possession of the premises as per the interim order granted. Thereafter, the Petitioner has paid certain sum of money reflecting the installments due.