ORDER :

Vineet Kothari, J.

The petitioner, Rangiah Chettiar and Kempammal Trust, auction purchaser from the respondent Punjab National Bank under the provisions of the Securitisation and Reconstruction of Financial assets and Enforcement of Security Interest Act, 2002 (in short “SARFAESI Act”), has filed the present writ petition in this Court with the following prayer:

“For all the reasons stated above it is therefore prayed that this Hon'ble Court may be pleased to issue a Writ, Order or Direction in the nature of a Writ of Mandamus to direct the 1st respondent to refund the sum of Rs.1,41,00,000/- (One Crore and Forty One Lakhs) with an interest of 18% P.A. from the date of purchase to the petitioner Trust within a stipulated time and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances above and thus render justice.”

2. The learned counsel for the petitioner, Mr. S. Mukunth, urged before us that the respondent Punjab National Bank has failed to disclose the encumbrance on the property in question by way of attachment order issued by the Debts Recovery Tribunal, Coimbatore in O.A.No.607 of 2017 (IDBI Bank Limited, Raja Street, Coimbato