ANIL DHAWAN Vs. BANK OF INDIA

JUDGEMENT

(1.) The petitioner herein has preferred the instant writ petition under Article 226/227 of the Constitution of India seeking direction to the respondent-Bank to deliver land and building including plant and machinery placed in Khasra No.20/1 and 22/1/2, which were shown by the officials of the Bank on the date of inspection of the property, i.e. on 26/5/2022 and which was approved in pursuant to the sale notice dtd. 19/4/2022 with date of auction as 30/5/2022 (Annexure P-1). Alternatively seeking refund of earnest money being 25% of the bid amount deposited by the petitioner with 15% interest per annum.

(2.) In nut shell, the contention of the petitioner has been that he has been successful bidder qua the property mentioned in Lot No.1 and Lot No.2 auctioned by the respondent Bank in the auction held on 30/5/2022 in pursuance to the auction notice dtd. 19/4/2022 (Annexure P-1). Prior to the auction, the petitioner inspected the properties on 26/5/2022 and the Bank had shown the area intended to be sold through the said auction to the petitioner which depicted the land and building, plant and machinery of rice sheller and flour mill, and that the entire complex was having a single boundary wall. Based on the same, the petitioner had participated in the said auction, bidding for properties mentioned in serial No.5 and 6 of the auction notice dtd. 19/4/2022 (Annexure P-1).

(3.) Upon notice of motion, learned counsel for the respondent appeared and contested the petition.