Petitioner sought quashing of a sale certificate issued for plant and machinery. Parties agreed dues were cleared post-auction. Court quashed the certificate and directed bank to refund purchaser. (64 words)
Sale certificate dated 30.7.2019 quashed and Bank directed to refund auction money to purchaser.
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Court No. - 29
Case :- WRIT - C No. - 32611 of 2019 Petitioner :- Benara Auto Private Limited Respondent :- Bank Of Baroda And 2 Others Counsel for Petitioner :- Vikram D. Chauhan Counsel for Respondent :- Anadi Krishna Narayana,Sandeep Kumar Singh
Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.
Heard Sri Vikram D. Chauhan, learned Counsel for the petitioner, Sri Sandeep Kumar Singh, learned counsel for respondent nos. 1 and 2 and Sri Virendra Kumar Shukla, learned counsel for respondent no. 3.
Counsel for the parties under the facts and circumstances of the case agreed that the writ petition may be disposed of in limine at this stage itself without exchange of affidavits.
The petitioner has filed this writ petition for quashing of the sale certificate dated 30.7.2019 issued in respect of the auction sale dated 23.7.2019 of the plant and machinery of the petitioner.
The submission of the learned counsel for the petitioner is that the entire dues of the Bank have been satisfied by the petitioner after the aforesaid auction sale and the Bank has also issued "No Dues Certificate" to this effect on 27.9.2019. A perusal of the aforesaid certificate which has been filed as Annexure-5 to the writ petition reveals that the petitioner has deposited the entire dues to the Bank.
Counsel for respondent no. 3 submits that he had purchased the plant and machinery for a sum of Rs. One crore and eighty eight lakhs in the auction and that it has no objection if the aforesaid plant and machinery is released in favour of the owner and its sale consideration is refunded.
Counsel for the Bank agrees for the refund of the sale consideration to respondent no. 3, if the auction sale is set aside.
In view of the aforesaid facts and circumstances with the consent of the parties, the sale certificate dated 30.7.2019 is hereby quashed and the Bank is directed to refund the auction money to the purchaser forthwith.
The writ petition is allowed.
Order Date :- 17.10.2019/SKS
1 issue framed by the court
Whether the sale certificate issued in the possession auction can be quashed after the petitioner satisfied the bank dues.
Benara Auto Private Limited
Bank Of Baroda
Respondent No. 2
Respondent No. 3
Pankaj Mithal
Vivek Agarwal
As recorded by the court registry
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