ORDER :

1. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for refund of the forfeited amount pursuant to failure of the petitioner to make the balance payment of 75% of the auction price of the property in question.

2. The brief facts of the case are as under:

2.1 The petitioner made an application in e-auction held by the respondent bank for purchase of the property being free old land to the extent of 249.71 sq.mts. at plot No.24-25, Block No.129/ paiki 15, 129/ paiki 16, property no.992, ten road, Bardoli and building there at to the extent of 6239 sq. ft. (Ground floor – RCC – 1441 sq. ft.- Slopping roof 1349 sq. ft. + First Floor RCC 1820 sq. ft. - slopping roof – 427 sq. ft. + second floor 1202 sq. ft.) standing in the name of Mr.Nitinbhai Naginbhai Panchal, Mr.Jayeshbhai Naginbhai Panchal and Mr.Dilipbhai Naginbhai Panchal.

2.2 The auction sale was conducted on 20.09.2022 and the petitioner offered highest bid of Rs.1,08,00,000/-. After giving set off of the earnest money deposit of Rs.10,70,000/- deposited by the petitioner, the petitioner was asked by the respondent bank vide letter dated 20.09.2022 to deposit the balance amount o