Notes

After due deliberation of all the aspects of the matter and paying capacity of the petitioner, the respondent Bank had sanctioned and amount of rupees 40 lakh on base rate for the purpose of construction of house, which was schedule to be prepaid in equal monthly installment for hey period of 228 months (19 years) @ Rs. 39,906/- per month.
Page 4
The approach and action of the authorised officer of respondent Bank in selling the valuable property of the petitioner at throw away prices against the proposal of the petitioner to allow her to sell her property by making an arrangement to directly deposit the loan account through the prospective buyer is totally illegal and arbitrary, injust, unfair and against the settled principal natural justice and is violative of article 14, 19 & 21 of constitution of India ad is liable to be quashed.


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That in view of the submissions made above it is respectfully prayed that this Hon'ble Court may be pleased to:-

Issue writ in the nature of Certiorari for quashing the information/letters dated 18-12-2018 and 29-12-2018 (Annexure P-5 & P-6), where buy and amount of rupees 1506 27 on account of the charges/ expenses of the enforcement agencies, legal fee and publication etc. Have been debited in loan account of the petitioner and further for directing the respondents for note to charge any amount on account of the above charges flash expenses and to refund the debited amount of rupees 1506 27 along with interest to the petitioner.

Issue a writ in the nature of mandamus thereby directing the respondent Bank bank to know to sell the secured property i.e. house number 7021 sunny enclave desu majra tehsil kharar moahpi of petitioner and allow the petitioner to sell her above house and further handover the original title deed and no objection certificate to general power of attorney namely gurwinder Singh son of chuharh Singh after receiving the entire due of the loan account of the petitioner.


Further to direct the respondent Bank to not to sell the secured assets house number yshausiahsuusjsisjs mohali during the pendency of the instant writ petition.


To issue any other appropriate writ comma order or direction to which this h o n b l e Court may deem fit in the facts and circumstances of the present Case.

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Conditions of filing of certified copies of annexures maybe dispensed with and filing of translated copy / true typed copies of annexures may be remitted.

conditions of service of advance notice upon the respondents may be dispensed with.

Cost of writ petition may be awarded in the favour of petitioner.

Verification:

Verified that contents of writ petition from Paras 1 to 11 and 15 and 16 are true and correct to my knowledge. Legal submissions have been made in para 13 and 14 of the advice of my council, which are also believed to be correct. No part of its false or incorrect and nothing material has been kept concealed therein.