KUMAR ROHIT, SON OF SRI LALMANI NATH SHAHDEO, RESIDENT OF SHAHDEO ENCLAVE, WEST END PART, KAJU BAGAN, BESIDE D.A.V. HEHAL (JUNIOR WING), P.O. Vs. ALLAHABAD BANK, THROUGH ITS CHAIRMAN

JUDGEMENT

(1.) After having failed in his attempt before the Writ Court, seeking refund of Rs.31,25,000.00 the appellant-writ petitioner has approached this Court in the instant Letters Patent Appeal.

(2.) Heard.

(3.) Mr. V.P. Singh, the learned Senior counsel for the appellant referring to E-auction notice dated 01.03.2016 for sale of the residential property MIG-D-120 at Harmu Housing Colony, contends that the respondent- Allahabad Bank made a representation to the public at large which was patently false and thereby the appellant was misled. E-auction held pursuant to notice dated 01.03.2016 was illegal and therefore, the bid amount deposited by the appellant must be refunded by the respondent-Bank. It is further contended that after the respondent-Bank fully recovered the secured debt from the borrower, forfeiture of Rs.31,25,000.00 by the Bank on the ground that the appellant-successful bidder has failed to deposit the balance 75% bid amount by the stipulated date, would nothing but, be unjust enrichment.