- (1.) Heard learned counsel for the petitioner and Sri Satish Chaturvedi, learned counsel for the respondent bank.
(2.) Petitioner has approached this Court seeking following relief : "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to issue no dues certificate to release mortgaged property with respect to Housing Loan Account No. 34389404099; (ii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
(3.) Facts as culled out from the pleadings made by the petitioner in the writ petition are as under : Petitioner availed housing loan from the respondent no. 3 bank. Admittedly, there was a default and the bank started proceedings to recover the outstanding dues. The same was challenged by the petitioner before this Court by filing Civil Misc. Writ Petition No. 59812 of 2016 which was disposed of vide judgement and order dated 19.12.2016 by passing the following orders : "Heard learned counsel for the parties. Learned counsel for the petitioner would submit that the petitioner has taken house loan, but the same could not be repaid as per the terms of agreement. After advancing the argument at length, learned counsel for the petitioner, upon instruction, would submit that the petitioner to establish his bonafide is prepared to deposit Rs. 3 lakh within one month from date. The consent is recorded and accepted. Having due regard to the fact that the petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in following manner: (i) Petitioner shall deposit a sum of Rs. 3,00,000/( three lakh) with the respondent Bank within a month i.e. by 20.01.2017. (ii) In case the amount, as indicated above, is deposited by the date fixed, the respondent Bank shall provide a fresh schedule for re-payment of balance amount in four equal quarterly instalments, and the same shall be deposited by the petitioner, accordingly. (iii) No recovery charges shall be recovered from the petitioner by the respondent authorities. (iv) Till 20.01.2017, and thereafter during period of deposit of instalments, the recovery proceedings, if any, will be kept in abeyance. In case, the petitioner makes default in depositing the initial amount or thereafter instalments within the stipulated time, it will be open for the respondents to start recovery proceedings against the petitioner. (v) If any amount is already deposited by the petitioner, the same shall be adjusted. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs.";