THILAGARANI AND OTHERS Vs. THE STATE BANK OF INDIA UDAGAMANDALAM BRANCH COMMISSIONER ROAD UDHAGAMANDALAM

JUDGEMENT

(1.) Writ Petitions are filed for issue of writ of Certiorarified Mandamus to call for the records in e-auction Sale Proclamation Notice dated 17. 03. 2017 on the file of the Recovery Officer of Debt Recovery Tribunal in Recovery Proceedings No. 6 of 2016 in DRC No. 6 of 2016 in O. A. No. 2006 of 2013 and consequently, direct the respondent bank to forthwith issue a certificate of waiver of debt procured by the petitioners.

(2.) The case of the petitioners in all the Writ Petitions as averred in the supporting affidavits are as follows:-

(3.) Learned counsel appearing for the respondent bank filed detailed counters and submitted that the conduct of the petitioners has been taken into consideration by the Tribunal. Initially they appeared through a counsel in the O. A. On 04. 0 2014 vakalat was filed on their behalf and the learned counsel appeared on subsequent dates and thereafter, they remained exparte. Thereafter, Interim Application to set aside the exparte order dated 19. 08. 2016 was filed and pending Interim Application, the petitioners participated in Lok Adalat dated 09. 11. 2016 and agreed to pay a sum of Rs. 45,00,000/- (Rupees forty five lakhs only) on or before 25. 01. 2017, in the following manner:-