A writ petition seeking refund of sale consideration due to non-delivery of possession became infructuous after the petitioner obtained possession of the premises, resulting in disposal without adjudication.
Petition disposed as infructuous; no other relief granted.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4242 of 2021
======================================================
Vivashwan Educational and Welfare Society Litera Valley Campuws, Naya Tola, Bhagwat Nagar, Kumhrar, Patna, through its Secretary, namely Amit Prakash @ Manish Kumar, male, aged about 47 years, son of Ram Niwas Singh, Resident of A-9, P.C. Colony, P.s. Kankarbagh, Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. J.S. Arora, Sr. Advocate Mr. Manoj Kumar, Advocate Mr. Ravi Bhatia, Advocate For the Bank Mrs. Namrata Mishra, Advocate Ms. Archana Jha, Advocate For the Respondent/s : Mr. Ajay Kumar Rastogi, AAG-10 Mr. Chhote Lal Mishra, Advocate ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon’ble the Chief Justice/ Hon’ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)
4 15-02-2022 Petitioner has prayed for following relief(s) :-
(i) For directing the respondent 1st set to refund back the entire amount received from the petitioner towards sale of the property under the provisions of SARFAESI Act to the petitioner, detailed in paragraph no.8
Patna High Court CWJC No.4242 of 2021(4) dt.15-02-2022 2/2
hereunder, amounting to Rs.3,08,00,000/(Rupees Three Crore Eight Lacs Only) with interest thereon at the rate of 12 % per annum w.e.f. the date of deposit till the date of payment, as they have failed in delivery of possession of the said property to the petitioner, in spite of sale and receipt of full consideration money long back and in spite of direction of this Hon’ble High Court to carry out the same.
(ii) Also for any other appropriate relief(s) to which the petitioner is found entitled either in the eye of law or in the facts and circumstances of the case.”
Learned counsel for the petitioner states that, in
view of the intervening developments, the present petition has become infructuous, inasmuch as the possession of the premises in question stands handed over to the petitioner.
In view of the statement made by the learned counsel for the petitioner, petition is disposed of as having become infructuous.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/chn
U
Vivashwan Educational and Welfare Society
The State Bank of India
The Collector, Patna
The Senior Superintendent of Police, Patna
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
