Auction purchaser sought completion of a 2019 bank property auction, refund of forfeited deposit with interest, or expedited disposal of her pending DRAT appeal. As the appellate tribunal already had the matter in hand raising the same contentions, the court declined to entertain the petition and disposed of it without merits commentary.
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MAMTA GOYAL
.....Petitioner
Through: Mr. Ronnie S. Brara, Mr. Rishi Gupta, Harkaran Singh, Advocates
versus
PUNJAB NATIONAL BANK & ANR. .....Respondents Through:
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON’BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
O R D E R
% 21.04.2025 CM APPL. 22661/2025 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 4931/2025 & CM APPL. 22660/2025
“ i) Direct the Respondent Bank to accept the balance 75% amount of the 1" auction dated 22.08.2019 and consequently issue the Sale Certificate and hand over possession of the subject auctioned properties to the Petitioner upon receipt of the balance Sale consideration amount;
ii) In the alternative, direct the Respondent No.1 Bank to forthwith refund the deposited/forfeited 25% of the EMD/Sale consideration amount along with interest accrued thereon from the date of deposit till the date of actual payment;
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:07:52
iii) In the alternative, direct the Ld. Debts Recovery Appellate Tribunal to expeditiously dispose of the Regular Appeal No. 213/2023 in a time-bound manner;
iv) Pass any other or further order as this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case. ”
SUBRAMONIUM PRASAD, J
HARISH VAIDYANATHANSHANKAR, J
APRIL 21, 2025 Rahul
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:07:52
1 issue framed by the court
Should the High Court entertain a writ petition seeking auction sale completion or EMD refund when the same contentions are pending before the DRAT?
Mamta Goyal
Punjab National Bank
Subramonium Prasad
Harish Vaidyanathan Shankar
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
