Court No. - 29
Case :- WRIT - C No. - 29111 of 2019 Petitioner :- Sheelendra Kumar Pachauri Respondent :- Bank Of India And 6 Others Counsel for Petitioner :- Raj Kumar Mishr, Sanjeev Singh Counsel for Respondent :- Shive Datta Yadav
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Sanjeev Singh, learned counsel for the petitioner and Sri S.D. Yadav, learned counsel for Bank of India.
The petitioner has filed this petition seeking direction upon the respondent no.3 Senior Branch Manager, Bank of India, Vrindavan Branch, Mathura for executing the sale deed in respect of the property which the petitioner is alleged to have purchased in e-auction dated 17.07.2019.
It appears that the plot of land gata no.196, Mauza Bilkhora Khair, District Aligarh was auctioned by the respondent bank on 17.07.2019. The bid of the petitioner for Rs.42,02,000/- was highest and was duly accepted. The petitioner deposited 15% of the bid amount and the remaining amount is yet to be deposited. The petitioner filed the writ petition stating that he was ready and willing to pay the balance amount which was in his bank account and as per practice, the bank ought to have adjusted the same as was done in respect of 15% of the bid amount. The petitioner thereafter ought to have proceeded with the execution of the sale deed.
Learned counsel for the bank was given time to seek instructions.
On his instructions, he states that on petitioner's depositing the entire bid amount, the bank who is in possession of the property would execute the sale deed and handover the possession to the petitioner.
In view of the aforesaid facts and circumstances, without going into the controversy on merits, we dispose off the writ petition with direction to the petitioner to deposit the balance of the bid amount with the bank within a period of 15 days from today. On deposit of entire bid amount, the bank would complete formalities regarding the execution of the sale deed and would execute the same in accordance with law within a period of six weeks thereafter and handover the possession of it to the petitioner.
Order Date :- 26.9.2019 S.Sharma