LAWS(KER)-2022-5-151

RATNAMANI GEORGE Vs. AUTHORIZED OFFICER

Decided On May 18, 2022
Ratnamani George Appellant
V/S
AUTHORIZED OFFICER Respondents

JUDGEMENT

(1.) This writ petition is filed seeking a direction to the respondent to confirm the sale of the property auctioned by the petitioners after accepting the balance bid amount.

(2.) According to the petitioners, lured by a publication in the website of the respondent intimating the e-auction of an immovable property, a communication was sent by the petitioners on 18/11/2021 offering their bid. As per the terms of the auction notice, petitioners deposited 10% of the reserve price amounting to Rs.10,53,000.00 on 6/12/2021 and thereafter the auction was held on 8/12/2021, pursuant to which the petitioners have been notified as the successful bidder having bid the property for Rs.1,06,25,000.00. In the meantime, petitioners were intimated by the respondent that since the Advocate for the respondent had advised not to confirm the sale till the disposal of W.P.(C) No. 27485 of 2021, which was filed by one Sri.E.K. Rajan, the sale could be confirmed only after the disposal of the said writ petition. Relying upon the judgment in Bank of Baroda v. Karwa Trading Company and Another [(2022) SCC Online SC 169], petitioners contend that the sale of the property ought to be confirmed in their favour, after accepting the balance bid amount.

(3.) I have heard the learned counsel for the petitioners as well as the learned counsel for the respondent.