8. The material made available before this Court manifestly discloses that the Respondent-Bank initiated execution proceedings against the petitioner vide CBCEP No.542/92-93 for recovery of the amount due by way of sale of the mortgaged property. While indicating the due amount as Rs.4,31,098/- as on 05-12-2000 an order of set off was passed in respect of an extent of Acs.3.70 cents. The principal contention in the present writ petition is even as per the calculation memo which the bank authorities served on the petitioner on 27-07-2001, the amount due as on 05-12-2000 was Rs.2,97,124/-, as such, there is absolutely no basis for arriving at Rs.4,31,098/-. Admittedly, this calculation memo was not taken into consideration by both the primary as well as the appellate authorities while adjudicating the issue. There is also discrepancy with regard to date of advancing the loan and the same was also not taken into consideration by both the authorities. Those aspects are required to be considered by the authorities during the course of enquiry. In view of the same, this Court deems it appropriate to remand the matter for fresh disposal by the Special Cadre Deputy Registrar – 1st Respondent herein and to pass appropriate orders after taking into consideration the entire record, including the above calculation memo.
