1. The unreasonable attitude taken by the bank in the matter of a sale of secured asset under the SARFAESI Act, by not putting the auction purchaser in vacant possession of the property or to return the sale consideration paid about nine years back, made the petitioner to file this writ petition claiming return of the amount paid by him with interest at 24% per annum. The bank is resisting the writ petition notwithstanding the fact that encumbrances and pending litigations in respect of the property were not divulged in the auction notification and the purchaser was made to offer his bid on a bona fide belief that the property is free from encumbrances and litigations.

2. The petitioner participated in the public auction pursuant to the auction notice issued by the respondent (hereinafter referred to as "the Bank") on 20.05.2008, in Daily Thanthi newspaper. In the said a