V.SAMBANDAN Vs. THE PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Challenge in this appeal is to an order made in W.P.No.19557 of 2009 dated 28.10.2009, by which, the writ court, declined to issue a mandamus, directing the Authorised Officer and Chief Manager, Punjab National Bank, Chennai, to return a sum of Rs.3,30,000/- deposited by the appellant with the bank on 17.07.2009.

(2.) Facts leading to the appeal are that, pursuant to an auction notice issued by the bank dated 07.06.2009, the appellant desired to purchase property comprised in Survey No.375/3 bearing Plot No.9, situated at Kalaimagal Nagar in Mangadu Village, Chennai - 101. Reserve price was fixed as Rs.13,00,000/-. EMD was fixed as Rs.1,30,000/-. The appellant paid a sum of Rs.3,30,000/- by way of three demand drafts to the Authorised Officer and Chief Manager, Punjab National Bank, Chennai/respondent No.

(3.) The appellant issued a legal notice dated 28.07.2009 stating that he had bona fidely participated in the auction sale to purchase the property without any hesitation and in good faith, but the bank did not furnish the original title deeds and copies of other documents including the judgment and decree from the competent court and therefore apprehended that title may not be proper. He therefore decided not to proceed with the transaction. According to him, it was also doubtful as to whether the Authorised Officer and Chief Manager, Punjab National Bank/2nd respondent would deliver possession of the auctioned property, without encumbrance and free from any future litigation.