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P. Hariharan Vs The Union of India (UOI), The LIC Housing Finance Limited and The Recovery Officer, LIC Housing Limited

Case No: Writ Petition (MD) No. 3145 of 2006 and W.P (MP) (MD) No. 3410 of 2006

Date of Decision: Aug. 2, 2011

Acts Referred: Constitution of India, 1950 — Article 226

Hon'ble Judges: Vinod K.Sharma, J

Bench: Single Bench

Final Decision: Dismissed

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Judgement

@JUDGMENTTAG-ORDER

Vinod K.Sharma, J.@mdashThe Petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India praying therein

for issuance of a Writ in the nature of Mandamus, directing the second and third Respondents to furnish the statement of account relating to the

loan and to reschedule the instalment by fixing the current rate of interest and to grant grace period of six months to enable the Petitioner to pay the

instalments and further to restrain the Respondents from interfering with the Petitioner''s possession and enjoyment of the properties or to bring the

property for sale.

2. The Petitioner wanted the grace period of six months which already stands expired. Even otherwise, this Court cannot issue a writ of prohibition

restraining the authority to initiate proceedings under the statute, specially when the statute itself provides remedy, against action to be taken against

the defaulters

3. The Writ Petition prima facie not competent. However, as nobody put in appearance on behalf of the petitioner, the Writ Petition is dismissed

for non-prosecution.

4. Consequently, connected Miscellaneous Petition is dismissed. No. costs.