issuance of the sale certificate was not refused by the appellant-Bank for want of non-deposit of the balance sale consideration within 90 days as stipulated under Rule 9(4) of the Security Interest (Enforcement) Rules, 20021, therefore, such a plea taken by the appellant-Bank for the first time in the writ petition is not tenable. 1 Hereinafter referred to as ‘the Rules’ 36. The argument of the learned counsel for the appellant-Bank is that in view of the statutory provisions contained under the Rules, especially Rule 9(4) of the Rules, since the respondents had not deposited the balance sale consideration within the mandatory period of 90 days, the High Court has erred in directing the appellant-Bank to issue the sale certificate and to execute the sale deed. The balance sale consideration was never deposited by the respondents within the time permitted and the letter(s) of the respondents clearly establishes that they kept on seeking extension of time without depositing the amount.