The High Court directed Punjab and Sind Bank to refund Rs. 23,40,250 forfeited as 25% of a bid amount deposited by the petitioner without interest within two weeks, settling the parties' agreement.
Directed the respondent bank to refund Rs. 23,40,250 to the petition without interest within two weeks.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE FOURTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE UJJAL BHUYAN AND
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 19141 OF 202'l
Between:
Mohammed Abdul Aleem, S/o lvlohammed Abdul Aziz, No H.No.1-6-898/899, Zaminstanpur, Musheerabad, Hyderabad.
...PETITIONER
AND
Punjab and Sind Bank, Specialized Asset Recovery Branch, Abids, Hyderabad- 500 001 rep by its Authorised Officer.
...RESPONDENT
Petition Under Article 226 ot the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction more particularly one a Writ of Mandamus or any other appropriate Writ declaring the letter dt.22.07.2021 of the Respondent Bank in forfeiting 25(percent) of the E-auction bid amount i.e., 23,40,2501- deposited by the Petitioner and conducting e-auction dt. 15.09.2020 without disclosing the orders dt. 29.10.20'13 passed by the Debts Recovery Tribunal in S.A. No. 9412008 declaring that the Applicant i.e., Sri Sai Car Care as a tenant is entitled to protect his rights to continue to be in possession of the schedule properties until and unless he is evicted under the tenancy laws i.e., under A.P. (Building) Lease and Rent control Act, till then the Respondent Bank cannot through him out of the schedule premises as being Arbitrary, illegal, and highhanded and against the principles of natural justice and against the intention of enacting SARFAESI Act, 2002 and consequently direct the Respondent to refund Rs.23,40,2501 being the 2S(percent) of bid amount deposited by the Petitioner together with interest at 1B(percent) p.a. from the date of payment till the amount is paid.
|.A.NO:1 OF 2021
Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Bank to refund Rs.23,4O,25O1- being the 25oh of bid amount deposited by the Petitioner with interest at 18% p.a. from the date of payment till the amount is paid, pending disposal of the above writ petition.
r'
|.A.NO:2 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspended the operation of the letter d|.2210712021 of the Respondent Bank in forfeiting 25% ot the E-auction bid amount i.e., 23,40,2501 deposited by the Petitioner, pending disposal of the above writ petition.
Counsel for the Petitioner : SRI.V.MURALI MANOHAR
Counsel for the Respondents : SRI.TOGITI NAGENDER
, The Court made the following ORDER
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THE HONOURABLE SRI JUSTICE UJJAL BHTIYAN AND THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.19141 of 2O2L
ORDER: (Per Hon'bte Sri Justice Ujjal Bhugan)
Heard Mr.V.Murali Manohar, learned counsel for the petitioner and Mr.T. Nagender, iearned counsel for the respondent-Punjab & Sind Bank.
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2 UI].J&SN,J \p_ l9 t4l 2021
pending, if any, in this Writ Petition, shall stand closed.
I
SD/-K.VENKAIAH ASSISTANTREGISTRAR //TRUECOPY// SEC FICER ,ffi.
to .,. an" Authorised officer, puniab^and.sind Bank, specialized Asset Recovery ' ei";i[, Aoios' Hyderabad - 5oo oo1' , 6#' eb'dSnr vl lrruffilr"rnr'rouen'Advocatetq q 9-cl 5. il;66 i" siii.roeiiii'rncerloEn' Advocate[oPUC]
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HIGH COURT
DATED:1 410612022
tq [$s $fI
ORDER
WP.No.19141 ot 2021
DISPOSING OF THE W.P
WITHOUT COSTS.
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2 issues framed by the court
Whether the High Court should direct the response banker to refund the forfeited bid amount to the petitioner.
Whether interest should be awarded on the refunded amount.
2 provisions across 2 enactments
Mohammed Abdul Aleem
Punjab and Sind Bank
Ujjal Bhuyan
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
