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2022 Supreme(Guj) 1750

BHARGAV D. KARIA
Maheshbhai Bachubhai Patel – Appellant
Versus
Central Bank Of India, Authorised Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Subhash G Barot
For the Respondent: Mr.Rajesh P Vyas

JUDGMENT :

1. Heard learned advocate Mr. Subhash G. Barot for the petitioner and learned advocate Mr.Rajesh P. Vyas for respondent No.1-Bank.

2. Rule returnable forthwith. Learned advocate Mr. Vyas waives service of notice of rule on behalf of respondent No.1.

3.By this petition under Article 226 of the Constitution of India the petitioner has prayed to direct the respondent-Bank to quash and set aside the communication dated 30.09.2020 whereby the respondent No.1-Bank has forfeited the amount deposited by the petitioner being 25% of the bid amount for purchase of the property in auction situated at Block No. 549, Plot No. 21 admeasuring 764 sq.yards i.e. 638.8 sq.mtrs in Shrinathji Industrial Estate situated at Bakrol Bujrang Sim, Bakrol Bunjrang Road, Dhamtavan Road, Taluka; Dascroi, Dist. Ahmedabad.

4.The petitioner has further prayed to direct respondent No.1-Bank to disburse the sanctioned loan of Rs. 69,96,000/- and to credit the same against remaining 75% of the quoted bid amount and to handover the peaceful possession of the property.

5.Brief facts of the case are that the petitioner made an offer pursuant to the e-auction notice issued by the respondent No.1-Bank on 23.01.2020

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