GULJHARI LAL Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The appellants/petitioners are aggrieved by the judgment dated 25.09.2019, passed by the learned Single Judge, dismissing a writ petition filed by them praying inter alia for setting aside the order dated 05.06.2017, issued by the respondent/Bank, whereby they were informed that the competent authority had decided to cancel the sale in respect of the basement and ground floor of a property situated on Plot No.28, Block A-1, WHS, Kirti Nagar, New Delhi, measuring 900 sq. ft., in their favour on technical grounds upon receipt of a complaint from one of the bidders.

(2.) By the impugned order, the learned Single Judge has declined to grant any relief to the appellants/petitioners and dismissed the writ petition with directions issued to the respondent/Bank to return the EMD and 25% of the bid amount to them alongwith simple interest @ 4% per annum from 05.05.2012. Aggrieved by the said order, the present appeal has been filed.

(3.) We may briefly allude to the relevant facts of the case. On 21.04.2017, the respondent/Bank had issued a public notice of sale in respect of the subject property. Evincing interest in participating in the bid, the appellants/petitioners had deposited the EMD for a sum of Rs.10,26,000/- with the respondent/Bank on 09.05.2017. As per the Notice of sale, an e-auction was conducted by the respondent/Bank on 12.05.2017 through the e-auction platform, www.bankeauctions.com. The last bid made by the appellants was at 11:53:33 AM, for a sum of Rs.1,25,10,000/-. On the conclusion of the e-auction, the appellants had emerged as the highest bidders. The Notice of sale required the respondent/Bank to issue a letter declaring the appellants as successful bidders on the very next day, but on not receiving any such intimation, the appellants visited the Zonal Office of the Bank to make enquiries and were given to understand that they were the highest bidders and were called upon to deposit 25% of the bid amount towards part payment of the sale consideration. On 19.05.2017, the appellants deposited a sum of Rs.21,05,000/- with the respondent/Bank towards 25% of the bid amount. Thus, a total sum of Rs.31,31,000/- was deposited by the appellants with the respondent/Bank.