PRAKASH S/O RAMDAS KAMAT Vs. INDIAN BANK

JUDGEMENT

(1.) In the instant writ appeal, the appellant has questioned the order of the learned Single Judge dated 28 .08.2020 passed in Writ Petition No.67216/2009 and further sought for allowing of the Writ Petition No. 67216/2009. In the writ petition, the petitioner has assailed the sale certificate issued by Authorised Officer of Indian Bank, Ranebennur dated 01.04.2009 and further sought for direction to delivery possession of the house property to the petitioner.

(2.) Undisputed facts are that the petitioner was employed as a Peon in the respondent-Indian Bank, Ranebennur in the year 1976 and he had earned promotion to the post of Clerk in the year 1980 and he had availed staff loan of Rs.3 ,00 ,000/- from the Bank for construction of his house in Ranebennur at 11.22% per annum rate of interest payable in 111 monthly installments of Rs.2 ,700 /- each, to be deducted from the salary of the petitioner. He had certain issues in respect of his services with the respondent-Bank and his services were terminated, which was the subject matter of Writ Petition No.31715/2002, wherein the said termination order was set aside and an order for reinstatement of services of the petitioner was passed which was challenged by the Bank in Writ Appeal No.1546 / 2003, in which the petitioner has suffered order.

(3.) During the intervening period, the Bank filed O. S.No.27 / 2001, wherein a decree was passed against the appellant herein to make payment of a sum of Rs.3 ,13,493/- along with interest. Thereafter the respondent- Bank invoked provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ' SARFAESI Act '). Thereafter notices and other procedures have been completed by the respondent- Bank in respect of sale of property on 25.01 .2009. The appellant feeling aggrieved by the order of notices issued by the Bank preferred Writ Petition No.61369/2009 and it has attained finality in Writ Appeal No.6157 / 2009 in providing three months time to make payment. Before disposal of the Writ Appeal No.6157/2009 , certain development has taken place pursuant to the undertaking given by the appellant. To that effect, sale was confirmed on 28.03.2009 and sale certificate was issued on 01.04.2009 , thus the appellant is aggrieved.