PINAKI BANERJEE Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This intra-Court appeal by the writ petitioners is directed against the order dtd. 11/3/2024 passed in W.P.A. 2043 of 2024. In the said writ petition, the appellants had challenged the decision of the respondents/bank to forfeit the earnest money deposits and further deposits made by the appellants on the ground that the appellants could not comply with the conditions by making full payment within due time.

(2.) The appellants contended before the learned Single Bench that a sympathetic approach may be taken in the matter since the petitioners were unable to pay the balance amount due to medical condition of the 2nd appellant, the wife of the first appellant and in this regard, relevant documents were also placed before the learned Single Bench.

(3.) While disposing of the writ petition, the learned Single Bench observed that nothing in the decision taken by the bank prevents the writ petitioners to approach the respondents/bank for a private treaty, as it transpires that even subsequent attempts of the bank to sell the property have met with failure. Accordingly, liberty was granted to the appellants/writ petitioners to approach the respondents/bank for entering into a private treaty to purchase the property and/or if a further auction is held, to participate in the said auction irrespective of the forfeiture of the deposits at the earlier auction.