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2018 Supreme(Online)(KER) 13475

HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
SADIQ E S – Appellant
Versus
KUNNATHUNADU TALUK AGRICULTURAL CO-OPERATIVE AND RURAL DEVELOPMENT BANK – Respondent


J U D G M E N T

The petitioner, who availed a housing loan for ₹7,50,000/-from the

1st respondent Bank in the year 2015, 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.P1 auction notice dated 18.11.2017 issued by the 2nd respondent and seeking a writ of mandamus commanding the respondent to restructure the loan account and to permit him to repay the overdue amount in convenient installments, along with regular installments.

2. On 15.12.2017, when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to the respondents returnable within three weeks. This Court has also granted an interim stay of all recovery proceedings pursuant to Ext.P1 for a period of one month, on condition that the petitioner deposits a sum of ₹50,000/- with the 1st respondent within a period of two weeks.

3. Heard the learned counsel for the petitioner and also the learned counsel appearing for the respondent Bank.

4. The learned counsel for the petitioner would submit that the petitioner has already complied with the interim order of this Court dated 15.12.2017 by remitting ₹50

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