TAPABRATA CHAKRABORTY,J. - (1.) Affidavit-of-service filed by the petitioner be kept on record.
(2.) The present writ petition has been preferred primarily praying for the following reliefs: "(a) A writ in the nature of Mandamus commanding the respondents to cancel, rescind, withdraw and/or set aside the impugned sale notice (Annexure P/2 to this Writ Petition) issued by the respondent No.3 and the recovery proceeding of the respondents being O.A. No.153 of 2015 filed by the respondent No.1 pending before the Learned Debts Recovery Tribunal - I, Kolkata forthwith; (b) A Writ in the nature of Certiorari directing the respondents to certify and produce all relevant records of this case including the impugned sale notice (Annexure P/2 to this Writ Petition) issued by the respondent No.3 and the impugned recovery proceeding being O.A. No. 153 of 2015 filed by the respondent No.1 before the Learned Debts Recovery Tribunal - I, Kolkata before this Hon'ble Court so that conscionable justice may be done by quashing the same."
(3.) Mr. Samanta, learned counsel appearing for the petitioner submits that the petitioner availed financial assistance from the Indian Overseas Bank, Baratajpur Branch (in short, the said bank) upon furnishing adequate collateral security by depositing fixed deposit receipt to the extent of Rs. 1 lakh along with pledging of two LIC policies and upon mortgaging immovable property. The father of the petitioner stood as guarantor. The petitioner was able to repay an amount of Rs. 20 lakhs till the year 2013. Thereafter due to extreme financial stringency, the petitioner could make any further payment and as such, a notice under Section 13(2) of the SARFAESI Act, 2002 (in short, the said Act) was issued and thereafter public notice for e-auction for sale has been issued stipulating the date and time of e-auction on 7th August, 2018.;