ORDER :

This petition seeking mandamus to the respondent to refund a sum of Rs.31,73,750/-forfeited due to non-compliance of conditions of Sale Notice dated 16.12.2021, Annexure-B.

2. Brief facts:

The respondent issued statutory notice for sale under Security Interest (Enforcement) Rules, 2002 (for short 'Rules') for sale of immovable property bearing Site No.43, Katha No.195/1/06, Property No.106, II Block, Dasappa Layout, Kowdenahalli, Ramamurthy Nagar, K.R.Puram Hobli, Bengaluru. In terms of the sale notice, auction was held on 08.12.2021. The petitioner participated in the auction and declared successful bidder with highest quoted amount of Rs.86,95,000/-. The petitioner deposited 25% in compliance of the terms and conditions of e-auction. As per the conditions of the auction, 75% of the sale price is to be deposited on or before 15th day of confirmation of sale or within such extended period. Sale confirmation is on 16.12.2021. Fifteen days to make payment of 75% expires on 31.12.2021.

3. Rule 9 of the Rules provides for extension of time as agreed between the parties with an outer limit of extension not exceeding three months. The petitioner by letter dated 29.12.202