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2024 Supreme(SC) 935

PANKAJ MITHAL, R. MAHADEVAN
IDBI Bank Ltd. – Appellant
Versus
Ramswaroop Daliya – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Krishan Kumar, AOR
For the Respondent(s): Mr. Shashi Bhushan Kumar, AOR Mr. R Anand Padmanabhan, Sr. Adv. Ms. Ruchi Arya, Adv. Mr. Arimardhan Sharma, Adv. Mr. R. Sharath, AOR

JUDGMENT :

PANKAJ MITHAL, J.

1. Leave granted.

2. The appellant-IDBI Bank has preferred these two appeals challenging the judgment and order dated 19.09.2022 passed by the High Court in Writ Petition No. 3820 of 2020, Ramswaroop Daliya and Others vs. IDBI Bank Ltd. and the order dated 29.11.2022 passed in Review Petition No. 1 of 2022 arising from the above writ petition.

3. The respondents who were the petitioners in the writ petition are the auction purchasers of the property which comprises of 2 guntas of land of Survey No. 121 part, situated at Bogaram village, Keesara Mandal, Medchal Malkajgiri district, Telangana. Pursuant to the e-auction notice dated 17.03.2018, the auction took place on 10.04.2018. The respondents were the highest bidders for a total sum of Rs. 1,42,50,000/-. They deposited 25% of the bid amount i.e. Rs. 36,00,000/- on the day of the auction itself. The auction was confirmed but the sale certificate was not issued and the sale deed was not executed as the respondents could not deposit the balance sale consideration within 15 days, may be for the reason that the appellant-Bank refused to accept the balance amount for various reasons. Finally, the appellant-Bank

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