BHAGWATI PRASAD AGARWAL Vs. ALLAHABAD BANK

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the sale notice dated 11. 03. 2013 as contained under annexure-9 to the writ petition has been sought to the quashed.

(2.) The brief facts of the case of the petitioner as per the pleading made in the writ petition is that in pursuance to the auction notice dated 24. 08. 2008 published by Allahabad Bank, Zonal Office in the local daily newspaper for sale of M. S. Plot No. 1773, 1774, 1811 and 1775, Municipal Holding No. 1437 and 1438, New Municipal Holding No. 1336, P. S. -Kotwali at Village-Chadri, Line Tank Road, Ranchi measuring an area of 1450 Sq. Ft. , in which the petitioner has found to be successful and by quoting Rs. 21,55,687. 55/- along with the earnest money of 10 per cent of the reserve price. Accordingly, the petitioner has deposited 25 per cent of the bid amount amounting to Rs. 5,41,000/- on 27. 09. 2008.

(3.) According to the petitioner, he has made correspondence to respondent-Bank to apprise him the date for depositing the rest of the amount but no such response has been furnished by the respondent- Bank and in the meanwhile, the petitioner has been treated to be defaulter in making payment of rest of the amount, in consequence thereto, fresh notice has been issued for auction sale on 11. 03. 2013, therefore, the petitioner has filed the suit being Title Suit No. 192 of 2013 as also the present writ petition for restraining the respondent- Bank to proceed further in pursuance to the sale notice dated 11. 03. 2013 on the ground of pendency of the Title Suit No. 192 of 2013.