SARAVANA TRADERS Vs. DURGA DAS WADHWANI

JUDGEMENT

(1.) I.A. No.844 of 2017 and I.A.No.845 of 2017 have been filed by the erstwhile auction purchaser interalia seeking to recall the order dated 4.7.2017 and for permitting the applicant to put forward their contentions afresh in respect of the order by which they were asked to handover vacant possession.

(2.) We have heard the parties at length and we are not inclined to accede to the prayer of the applicant.

(3.) The writ petitioner appellant having defaulted, his property was auctioned. The same was purchased by the applicants herein. The Bank took possession and handed over possession to the applicants. It was by order dated 12.4.2017 that the applicants were impleaded as additional respondents 3 to 5. We also requested the Bank to ask the respondents to appear, when notices could not be served upon them. They having appeared, we heard the parties at length and we directed re-payment of all the outstanding dues to the Bank. Consequently, the appellants repaid all the dues and also deposited the amount due to the additional respondents 3, 4 and 5 together with interest. The Bank in turn deposited the entire money in the account of the respondents 3 to 5 along with interest. It was expected that they would immediately handover possession back to the appellant.