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M. R. SHAH, B. V. NAGARATHNA
SRS Advertising & Marketing Pvt. Ltd. – Appellant
Versus
Kamal Garg – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ritesh Kumar, AOR

JUDGMENT

M.R. Shah, J.

Feeling aggrieved and dissatisifed with the impugned judgment and order dated 22.11.2021 passed by the High Court of Delhi in Writ Petition (Civil) No. 12530 of 2021 and in Review Petition No. 197 of 2021, the original Respondent No. 2 has preferred the present appeals.

2. That Respondent No.1 herein - original writ petitioner was the auction purchaser, who purchased the properties which were auctioned in pursuance of Recovery Certificate No.6/2016 which was in favour of the Corporation Bank (now merged with the Union Bank of India) for a sum of Rs.85 lakhs. The reserved price of the properties was fixed at Rs.54 lakhs. Respondent No. 1 - original writ petitioner made the highest bid of Rs.85 lakhs. After making the said bid and after making the earnest money deposit to the tune of Rs.21,25,000/- (being 25% of the bid price) Respondent no.1 - the original writ petitioner moved an application before the Recovery Officer seeking some clarity in the matter. The same was replied to by the Bank. However, thereafter the Recovery Officer dismissed the application of the petitioner on 28.11.2019 and forfeited 10% of the amount deposited by him.

2.1 Aggrieved by the order

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