SRI KARAN RAMSISARIA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The petitioner is before this Court seeking that the respondent be directed to identify and locate the land bearing Sy.No.46, Khatha No.72 at Doddammadevi Temple Street, near Bannerghatta Road, Hulimavu Village, Begur Hobli, Bangalore South Taluk measuring 1 Acre 5 Guntas on securing the survey to be done in that regard. The petitioner in that light is also seeking that the respondent be directed to take possession and deliver peaceful vacant possession of the property and the demand for the balance 75% of the bid amount be made only after the possession of the property is taken by them from the defaulter. The consequential necessary endorsements to be obtained from the Bangalore Development Authority is also sought in this petition.

(2.) The respondent-Bank having taken the property bearing Sy.No.46 to which detailed reference is made above had advanced loan to the borrower. The borrower having defaulted, the respondent-Bank has taken action in respect of the said property which is the secured asset. The petitioner having participated in the tender-cum-auction sale dated 15.03.2013 is the successful auction purchaser. Insofar as the initial amount to be deposited immediately after the auction process, there appears to be no dispute. The petitioner however was required to deposit balance amount of 75% after which the transaction was to be completed.

(3.) When this was the position, the respondent- Bank has issued the communication dated 25.07.2013 informing the petitioner that the balance amount not being remitted, the respondent-Bank would take action to re-auction the property by canceling the earlier sale held on 25.03.2013 and the amount already deposited by the petitioner would be forfeited. The petitioner had replied the same on 30.07.2013 and since, no further action has been taken by the respondent-Bank to ensure the identity, the petitioner is before this Court in this petition.