T.P.SURENDRAN Vs. SPECIAL SALES OFFICER

JUDGEMENT

(1.) The petitioner, who availed a loan of Rs.5,00,000/- from the second respondent Bank, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext. P4 sale notice dated 10.7.2017 issued by the first respondent and seeking a writ of mandamus commanding the respondents to permit him to remit the amount due in the aforesaid loan transaction in 24 equal monthly installments.

(2.) A counter affidavit has been filed on behalf of the second respondent Bank wherein it has been stated that in view of the default committed by the petitioner, the Bank initiated arbitration proceedings, which culminated in an award dated 23.10.2014 in A.R.C.No.2224 of 2012, for a sum of Rs.7,90,489/-. As the petitioner failed to make payment, Ext.P4 sale notice was issued on 10.7.2017 for recovering a sum of Rs.9,26,098/-. In the counter affidavit, it has also been stated that out of the liability shown in Ext.P4 sale notice, the petitioner made a payment of Rs.1,50,000/- on 27.7.2017. Out of which, Rs.1,44,925/- was adjusted towards interest and balance towards expenses. Now the amount outstanding is Rs.7,76,098/-.

(3.) The petitioner has filed a reply affidavit dated 11.12.2017, wherein he has raised a contention that a copy of the award in A.R.C.No.2224 of 2012 is not yet served on the petitioner and that, the amount demanded in Ext.P4 is on a higher side, when compared to the demand of Rs.6,58,533/- made in Ext.P2 demand notice dated 26.5.2017.