NAVNEET KUMAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Respondents.

(2.) In this case, the petitioner has made a prayer in the nature that this Court should give direction to the respondent for handing over the possession of the assets purchased by him in an auction conducted on 08.06.2011 in connection with recovery of dues of the respondent-Bank in R.P. No. 4/2007, another alternative prayer has been made that the Bank be directed to return the amount of Rs.34,00,000.00 (Rupees thirty four lakh), which the petitioner has deposited by way of consideration amount, as the Recovery Officer as well as the Bank has failed to deliver the possession of the property, which is /was subject matter of auction sale.

(3.) The short fact of this case is, one Chandra Shekhar Singh had mortgaged his immoveable property as guarantor situated at Katihar, vide Tauzi No. 1239, Khata No. 484, Thana No. 81, Khesra Nos. 825, 827, 828, 829, 830, 831, having area of 72 decimal, 77 decimal, 11 decimal, 86 decimal, 1 acre 60 decimal, 32 decimal of land respectively to the Bank for securing the loan of Rs. 15,00,000.00 (Rupees fifteen lakh) in favour of M/s Better and Best Bricks belonging to one Sajjan Kumar Agrawal.