Privileged order in a writ petition concerning a residential flat auction. The High Court of Judicature at Bombay directed the bank to refund the full 25% deposit to the petitioner due to undisclosed encumbrances.
Bank directed to return deposit of Rs.18,12,500/- without deductions within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by PURTI PURTIPRASAD CIVIL APPELLATE JURISDICTION PRASAD PARAB PARAB Date: 2022.09.23 10:46:23 +0530 WRIT PETITION NO. 3176 OF 2022
Sonal Pachpute
….Petitioner
V/s. IDBI Bank Limited and Ors. …Respondents
Mr. Aradhye Sarang Satish for Petitioner. Mr. Sunil Maruti Kadam for Respondent No.1.
CORAM : K.R. SHRIRAM &
A.S. DOCTOR, JJ. DATED : 21st SEPTEMBER 2022
P.C. :
Purti Parab
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charges are cleared No Objection Certificate cannot be issued. Petitioner states that if only petitioner had been informed by Respondent No.1 – Bank either in the public notice or at the time of bidding, petitioner would not have participated in the bid.
In our view petitioner should be returned the 25% deposit made.
order as to costs.
Purti Parab
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(A.S. DOCTOR, J.)
( K.R. SHRIRAM, J.)
Purti Parab
2 issues framed by the court
Whether the bank depositing auction proceeds for a flat obligated to refund the amount when the sale was flawed due to undisclosed encumbrances.
Whether the auction sale should be annulled or the deposit refunded.
Sonal Pachpute
IDBI Bank Limited
Chinar Heights Co-operative Housing Society Limited
K.R. Shriram
A.S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
