ANUPAMA ARJUN Vs. TUMKUR GRAIN MERCHANTS

JUDGEMENT

(1.) The petitioners-borrowers from the respondent-Bank are before this Court praying for a writ of mandamus or any other appropriate order, directing respondent-Bank to consider the representation issued in the form of legal notices dtd. 14/7/2020 and 3/8/2020 vide Annexures-E and F respectively wherein it is requested to re-schedule the loan account and regularize the same; and for a writ of certiorari to quash the tender-cum-Auction Sale Notice dtd. 29/10/2021 (Annexure-G).

(2.) Heard learned counsel Sri.D.Nagaraj for petitioners and Sri.K.V.Lokesh for respondent-Bank as well as Sri.K.R.Lingaraju for impleading applicant in I.A.No.3/2022. Perused the writ petition papers.

(3.) This Court, on 30/11/2021 passed interim order as prayed for, subject to the petitioners depositing with the respondent-Bank 25% of the amount due as on that day, in the manner stated therein, further observing that, failing to comply, the interim order stands rescinded, but writ petition itself runs the risk of being rejected. Thereafter, at the request of petitioners, the interim order was modified by order dtd. 5/1/2022, granting further time to deposit or to comply the interim order till 31/1/2022. Again, at the request of petitioners, the interim order was modified on 10/2/2022, which reads as follows: