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2023 Supreme(Cal) 25

MOUSHUMI BHATTACHARYA
Ku Chih Choi – Appellant
Versus
Central Bank Of India – Respondent


Advocates appeared:
Sudip Deb, Advocate, Riju Ghosh, Advocate, Sumitava Chakraborty, Advocate, Aranyak Saha, Advocate, Sayanika De, Advocate, A. K. Routh, Advocate, Sudeep Pal Chawdhury, Advocate, Diya Nandy, Advocate, Ananya Mondal, Advocate, Manishka Dhar, Advocate, Debasish Ghosh, Advocate, Sayan Ganguly, Advocate, Raja Saha, Advocate, Vivekananda Tripathi, Advocate

JUDGMENT

Moushumi Bhattacharya, J. - WPO 2186 of 2022 was directed to be listed along with WPA 15802 of 2022 by an order dated 1st August, 2022. GA 1 of 2022 has been filed by the writ petitioner in WPO 2186 of 2022. WPA 15802 of 2022 has been filed by the respondent no. 1 after WPO 2186 of 2022. The two writ petitions and the application are being disposed of by this judgment.

2. The undisputed facts from the two writ petitions and the connected application, are these.

3. The petitioner was the successful auction purchaser of a sale conducted by the respondent no. 1 Central Bank of India pursuant to a paper publication made by the Bank on 25th May, 2014. The property for sale was described in the Auction Sale Notice and the total consideration money was indicated at Rs. 35 lacs. The petitioner initially paid 25% of the total consideration money and subsequently the entire balance amount. The communication dated 3rd July, 2014 from the Bank to the petitioner indicates that the petitioner was declared as the successful auction purchaser. A sale certificate was issued in favour of the petitioner on 29th September, 2014.

4. The respondent Bank failed to hand over physical possession of th

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