HARYANA FINANCIAL CORPORATION Vs. RAJESH GUPTA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 26.11.2001 in C.W.R5725/2001 of the High Court of Punjab and Haryana at Chandigarh.

(2.) THE respondent had approached the High Court with a prayer that the order dated September 30, 1998 by which the Haryana Financial Corporation (hereinafter referred to as the appellants/Corporation), had forfeited, amount of Rs.2.5 lakhs, deposited by the respondent by way of earnest money, be quashed. THE respondent had also prayed that the appellants/Corporation be directed to refund the amount illegally forfeited along with interest.

(3.) IT would appear that by letter dated 3.4.1998, the Branch manager brought the objection of the respondent to the notice of the head office of the appellants/Corporation. in response to this communication the Branch Manager was informed by the head office of the appellants/Corporation, by letter dated 7.4.1998 that clear cut passage/rasta has been provided to the unit as per documents submitted by the defaulting unit at the time of availing loan. Reference in this letter was also made to the Sale Deed, dated 8.9.1994, Mutation No.5172, Mutation No.9896, Search Report and sale deed, Rasta, wherein it is mentioned that there is an approach road to the factory site. The Branch Manager was directed to satisfy the respondent with the aforesaid documents. On 13.4.1998, the Branch Manager addressed a letter to the head office of the appellants/Corporation clearly informing as follows: