02. 15.09.2016 Mr. A.K. Biswal, learned counsel for the petitioner su
bmits that he has instruction to appear on behalf of the opposite party-bank and undertakes to
file the vakalatnama to that effect within three working days. Extra copy of the brief is ser
ved on the learned counsel for the opposite party-bank in Court today.
Heard Mr. R.K. Rout, learned counsel for the petitioner and Mr. A.K. B
iswal, learned counsel for the opposite party-bank.
In the present writ application, the petitioner has sought for quashin
g of the e-auction notice dated 23.08.2016 under Annexure-8.
Considering the facts and circumstances of the case, we dispose of the
writ application with a direction to the petitioner to clear up the outstanding dues of Rs.1,
02,000/- ( Rupees one lakh and two thousands) towards his housing loan. He is also directed to
deposit a further sum of Rs.2,00,000/- (Rupees two lakhs) towards the cash credit account. On
such deposit the petitioner is granted liberty to approach the bank to regularize his cash cr
edit account since by way of clearing the outstanding in the housing loan account, the same wo
uld be in order and with the deposit as directed herein above towards the cash credit loan acc
ount, the bank shall be at liberty to consider the same. It is further directed that the mortg
aged asset of the petitioner shall not be put to auction without taking a decision on the appl
ication of the petitioner for renewal of his cash credit account and revival of his housing lo
an account.
