A.P. SUNDARAN Vs. THE PERUMATTI SERVICE CO

JUDGEMENT

(1.) The petitioner, who has availed a loan from the 1st respondent Bank on 29.12.2000, for a sum of Rs. 1,00,000/-, which was renewed from time to time, is before this Court in this writ petition, seeking a writ of certiorari to quash Ext.P8 sale notice dated 22.6.2015 issued by the 2nd respondent and seeking a writ of mandamus commanding respondents 1 and 2 to abstain from the recovery proceedings in respect of the aforesaid loan account. The petitioner has also sought for a writ of mandamus commanding the 3rd respondent to disburse of Rs. 63,750/- to the 1st respondent Bank towards repayment of his loan account, as the debt relief due to him. He has also sought for other consequential reliefs.

(2.) On 3.8.2015, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 2 to 4 and the petitioner was permitted to take out notice to the 1st respondent through speed post. This Court has also granted an interim order suspending the operation of Ext.P8 sale ntoice, subject to the condition that the petitioner deposits with the 1st respondent Bank one-third of the total amount outstanding within one month. It was made clear that if the petitioner fails to deposit the said amount within the aforesaid time, the interim order will stand vacated.

(3.) A counter affidavit has been filed on behalf of the 1st respondent Bank. The 3rd respondent has also filed a counter affidavit.