07 09.01. WPA 18021 of 2024

2026

Joydev Chawla

Ct. No. 24 Vs.

Ab Central Bank of India and others.

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Mr. Kishore Mukherjee,

Mr. Ahitagni Dey.

… for the petitioner.

Mr. Bishwambhar Jha,

Mr. Harshwardhan Kumar Jha,

Ms. Munmun Mishra

… for the Bank.

1. The petitioner’s grievance that having participated

in an auction sale conducted by the respondent no. 1, the petitioner had a legitimate expectation that possession of the property, which was sold to him would be handed over within a reasonable time. The petitioner made the entire payment of Rs.

20.12 lakh on February 4, 2021.

2. The petitioner has been running from pillar to post

to get possession of the property as the successful

purchaser.

3. No steps were taken by the Bank to facilitate

handing over the possession and ultimately after filing of the writ petition in July 2024, the Bank

refunded the entire amount on March 26, 2025.

4. Since the Bank was unable to handover the

possession of the property and retains the entire amount paid by the petitioner for a period slightly in excess of four years, it is only reasonable that

the Bank be directed to pay some interest on the afore-stated sum of Rs. 20.12 lakh for the period between February 4