A debtor may apply to set aside an auction sale and repay dues in installments, ensuring compliance to prevent sale confirmation.

J U D G M E N T

The petitioner, who availed a loan for ₹10,00,000/- from the 1st respondent Bank in the year 2015 by mortgaging her property having an extent of 2.87 Ares comprised in Sy.No.1397/P of Peechi Village in Thrissur Taluk, has filed this writ petition under Article 226 of the Constitution of India , seeking a writ of certiorari to quash Ext.P1 sale notice dated 29.05.2018 issued by the 2nd respondent Sale Officer and seeking a direction to respondents 1 and 2 to pass orders on Ext.P2 request dated 07.06.2018 made by the petitioner.

2. On 02.07.2018, 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 two weeks. The learned Senior Government Pleader took notice on admission for the

3rd respondent.

3. Heard the learned counsel for the petitioner, the learned counsel for the 1st respondent Bank and also the learned Senior Government Pleader appearing for the 3rd respondent. Despite service of notice, none appears for the 2nd respondent Sale Officer.

4. The learned counsel for the 1st respondent Bank on instructions would submit that in terms of Ext.P1 sale notice, the property was put in auction on 29.06.2018 and in the absence of :-2-:

independent bidders, the Bank purchased the property for a sum of ₹13,26,793/-. The learned counsel would also submit that the sale is yet to be confirmed and that, if the petitioner makes an application before the 2nd respondent Sale Officer to set aside the sale, she can be permitted to pay off the entire dues amounting to ₹13,26,793/-, together with future interest, in monthly instalments, within a reasonable time, to be fixed by this Court.

5. The learned counsel for the petitioner would submit that the petitioner is prepared to make an application before 2nd respondent to set aside the sale held on 29.06.2018 and that she is prepared to pay off the entire dues, together with future interest from the date of sale, in monthly instalments, within the time limit to be fixed by this Court.

Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions :

i) Within one week from the date of receipt of a certified copy of this judgment, the petitioner shall submit an application before the 2nd respondent Sale Officer to set aside the sale held on 29.06.2018 in terms of Ext.P1 sale notice, undertaking to pay off the entire dues amounting to ₹13,26,793/-, together with future interest from the date of sale, in monthly instalments.

ii) If any such request is made, respondents 1 and 2 :-3-:

shall permit the petitioner to pay off the entire dues amounting to ₹13,26,793/-, together with future interest from the date of sale, in eight equal monthly instalments commencing from 17.08.2018 and subsequent instalments payable on or before the 17th day of the succeeding months.

iii) If the petitioner is complying with the conditions stipulated hereinbefore, confirmation of sale held on 29.06.2018 pursuant to Ext.P1 sale notice shall be kept in abeyance, so as to enable the petitioner to pay off the entire dues as directed above.

iv) In case of any default committed by the petitioner in complying with any one of the aforesaid conditions, it would be open to respondents 1 and 2 to proceed further for confirmation of the sale held on

29.06.2018, in accordance with law.