Writ petition for return of Earnest Money Deposit challenged on grounds of contravention of Security Interest Enforcement Rules. The dispute concerned property auction records. Respondent returned 10% of the deposit during proceedings, leading to the petition's disposal.
Return of 10% of Earnest Money Deposit during proceedings.
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NC: 2024:KHC:2382 WP No. 24016 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24016 OF 2023 (GM-RES)
BETWEEN:
TASNIYA TABASSUM, W/O RASOOL SYED NADEEM AHMED, AGED ABOUT 44 YEARS, NO. 31, 1ST MAIN, 1ST CROSS, BHUVANESHWARI NAGAR, SULTAN PALYA NEAR NARSIMHA TEMPLE, BANGALORE - 560 032.
…PETITIONER
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:2382 WP No. 24016 of 2023
1ST AND 2ND FLOOR, BKC, BANDRA(E) MUMBAI - 400 051.
…RESPONDENTS
(BY SRI. M. MOHAMMED IBRAHIM, ADVOCATE FOR R1 AND R2; SMT. NAVYA SHEKHAR, AGA FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO R1 PAY BACK THE EARNEST MONEY DEPOSIT (EMD) AMOUNT WITH 10 PERCENT EXTRA AND 9 PERCENT INTEREST AS PER THE DEMAND NOTICE AT ANNEXURE-E DUE THE CONTRAVENTION OF STATUARY RULES OF SECURITY INTEREST (ENFORCEMENT) RULES 2002.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayers:
" WHEREFORE , it is humbly prayed that this Hon'ble court may be please to issued writ of mandamus to the Respondent No.1 pay back the Earnest Money Deposit (EMD) amount with 10% extra and 9 percent interest as per the demand notice at ANNEXURE E, due the contravention of statuary rules of Security interest (enforcement) rules 200, in the interest of justice and equity."
NC: 2024:KHC:2382 WP No. 24016 of 2023
appearing for respondent Nos.1 and 2 would submit that all due diligence had been done and the Encumbrance Certificate did not show any of the kind that is now projected in the report of the Tahsildar. Therefore, no fault can be laid at the hands of the person, who had done the due diligence.
over a demand draft to the learned counsel appearing for the
NC: 2024:KHC:2382 WP No. 24016 of 2023
petitioner towards 10% of the earnest money deposited as was required to participate in the auction.
further survives for further consideration in the case at hand.
With the aforesaid observations, the petition stands disposed.
Sd/JUDGE
SJK List No.: 1 Sl No.: 10 CT:SNN
TASNIYA TABASSUM
THE JAMMU AND KASHMIR BANK LTD.
THE AUTHORIZED OFFICER JAMMU AND KASHMIR, NATIONAL BUSINESS CENTER ZONAL OFFICE MUMBAI
M.NAGAPRASANNA
As recorded by the court registry
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