REENA Vs. KURIACHIRA SERVICE CO

JUDGEMENT

(1.) The petitioner, who availed a loan for Rs. 3,50,000/- from the 1st respondent Bank in the year 2006 by mortgaging the property having an extent of 20 cents in Survey No.321/1 of Nadathara Village in Thrissur Taluk covered by Sale Deed No.2142/2006 of Sub Registry Office, Thrissur, 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 19.1.2018 issued by the 2nd respondent Special Sale Officer and seeking a writ of mandamus commanding the 3rd respondent Assistant Registrar to issue certified copy of the award in Arbitration Case No.2953/2011 expeditiously.

(2.) On 25.1.2018, when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to respondents 1 and 2, returnable within three weeks. The learned Senior Government Pleader took notice on admission for the 3rd respondent. This Court has granted an interim stay of all further proceedings pursuant to Ext.P4 sale notice for a period of one month on condition that the petitioner deposits a sum of Rs. 1 lakh with the 1st respondent within a period of two weeks.

(3.) On 23.2.2018 when this writ petition came up for further consideration, it was submitted by the learned counsel for the 1st respondent Bank that the petitioner has already deposited Rs. 1 lakh in terms of the interim order of this Court dated dated 25.1.2018. The learned counsel has also submitted that if the petitioner is interested, he can avail the benefit of One Time Settlement under 'Navakeraleeyam Kudisika Nivaranam, 2018. The learned counsel for the petitioner sought time to get instructions and accordingly the matter is listed today for further consideration.