SUKHWANT SINGH Vs. CANARA BANK

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned sale notice of petitioner's property dated 21-05-2010 published by the respondent in Daily Newspaper Amar Ujala (Annexure2 to the writ petition). The petitioner has also sought a writ in the nature of mandamus directing the respondent Bank to permit the petitioner to deposit 20% of loan amount and further to fix easy instalment for repayment of loan.

(3.) According to the petitioner, one Balwinder Singh took a loan from the respondent-bank and the petitioner stood a guarantor of the said loan taken by Balwinder Singh and the petitioner had mortgaged his residential land situated at 25/1 Wakya Mauja, village Rampura (Mallik Colony) Rudrapur, district Udham Singh Nagar. The principal borrower did not repay the loan. Ultimately, the respondent Bank took possession of the property mortgaged by the petitioner. The possession notice dated 18-2-2010 issued by the bank has been annexed as Annexure 1 to the petition. The respondent Bank has published a sale notice on 21-5-2010 in the newspaper Amar Ujala for recovery of Rs. 17,29,565/- vide Annexure-2 to the petition. The petitioner is ready to deposit the entire amount of loan in easy instalments.