IDBI BANK LTD Vs. RAMSWAROOP DALIYA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-IDBI Bank has preferred these two appeals challenging the judgment and order dtd. 19/9/2022 passed by the High Court in Writ Petition No. 3820 of 2020, "Ramswaroop Daliya and 3 Ors. vs. IDBI Bank Ltd." and the order dtd. 29/11/2022 passed in Review Petition No. 1 of 2022 arising from the above writ petition.

(3.) The respondents who were the petitioners in the writ petition are the auction purchasers of the property which comprises of 2 guntas of land of Survey No. 121 part, situated at Bogaram village, Keesara Mandal, Medchal Malkajgiri district, Telangana. Pursuant to the e-auction notice dtd. 17/3/2018, the auction took place on 10/4/2018. The respondents were the highest bidders for a total sum of Rs.1,42,50,000.00. They deposited 25% of the bid amount i.e., Rs.36,00,000.00 on the day of the auction itself. The auction was confirmed but the sale certificate was not issued and the sale deed was not executed as the respondents could not deposit the balance sale consideration within 15 days, may be for the reason that the appellant-Bank refused to accept the balance amount for various reasons. Finally, the appellant-Bank vide communication dtd. 24/12/2019 cancelled the auction and refunded the amount deposited by the respondents by means of four demand drafts which were never encashed by the respondents.