U.C Dhyani, J. (Oral):— By means of present writ petition, the petitioner prays for the following reliefs, among others:
(i) Issue a writ, order or direction in the nature of certiorari quashing the e-Auction Sale Notice dated 20.10.2015 of respondent no. 1, in respect of the property described at item no. 7 of the said notice pertaining to Loan Account of respondent no. 3.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents no. 1 & 2 to accept the reserve amount or any other amount as decided by the Hon'ble Court, in respect of the property described at item no. 7 of the e-Auction Sale Notice dated 20.10.2015 of respondent no. 1.
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents no. 1 & 2 to release the original title deed of the petitioner pertaining to his property, which is described at Sl. No. 7 of the e-Auction Sale Notice dated 20.10.2015 of respondent no. 1.
2. At the very outset, learned counsel for the petitioner confined his prayer only to the extent that the property shown at serial no. 7 of the advertisement issued by the respondents-Bank (annexure-1) be released to him on making payment of Rs. 34,00,600/- (Thirty Four Lacs Six Hundreds) and the documents relating thereto be also returned to him. It is also prayed by learned counsel for the petitioner that a week's time may be granted to him to deposit 25% of the said amount i.e 34,00,600/- and three months' time may be granted to him to pay the balance amount.
3. Learned Senior Counsel representing the respondent-Bank, on receiving instructions from his client, stated that the property may be released in favour of the petitioner on his paying Rs. 34,00,600/- immediately and the balance within two months.
4. After considering the submissions of learned counsel for the parties and having gone through the documents brought on record, the writ petition is disposed of at the admission stage itself, as follows:
(i) The petitioner shall make payment of Rs. 34,00,600/- to the respondent-Bank.
(ii) 25% of the aforesaid amount shall be paid by the petitioner to the respondent-Bank latest by 27th November, 2015.
(iii) The balance amount shall be paid by the petitioner to the respondent-Bank within two months.
(iv) On receiving the entire money, the documents relating to property shown at serial no. 7 in annexure no. 1 shall be returned to the petitioner by the respondent-Bank.
5. Let copies of this order be provided to the learned counsel for the parties today itself on payment of usual charges.