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2021 Supreme(Cal) 92

HIRANMAY BHATTACHARYYA
Bansal Enterprises – Appellant
Versus
Bank Of Baroda – Respondent


Advocates Appeared:
Suddhasatva Banerjee, Advocate, Pushan Kar, Advocate, Soumabho Ghose, Advocate, Sagnik Majumder, Advocate, Teeshan Das, Advocate, Avishek Guha, Advocate, Rohit Bhattacharjee, Advocate, Pronoti Goswami, Advocate

JUDGMENT

Hiranmay Bhattacharyya, J. - The writ petitioner claims to be a lessee of an immovable property which was put up for auction sale in terms of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act") and the Security Interest (Enforcement) Rules, 2002 (for short "the 2002 rules"). The petitioner claims that he contacted an official of the Bank as the website was not functional. The said official assured him that a new date for such auction will be fixed. The writ petitioner claims that he could not participate in such auction as the website was not functional. The writ petitioner alleges that the respondent Bank has proceeded to finalise such auction by disregarding the assurances given to the writ petitioner. The writ petitioner says that the Bank in collusion with the participants finalised the auction sale. The writ petitioner filed the instant writ petition praying for a mandamus directing the respondents to set aside, cancel and withdraw the e-auction sale.

2. Mr. Banerjee, learned Advocate for the petitioner, has contended that the respondent Bank acted illegally and arbitr

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