Punjab-Haryana High Court
Anju Bala vs State Bank Of India And Another on 26 April, 2024
Author: Lisa Gill
Bench: Lisa Gill
Neutral Citation No:=2024:PHHC:057484-DB
2024:PHHC:057484-DB
107
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-9279-2024
Date of Decision:- 26.04.2024
Anju Bala
....Petitioner
Vs.
State Bank of India and Anr.
...Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:- Mr. Piyush Setia, Advocate for the petitioner.
Mr. Chandeep Singh, Advocate for respondents.
*****
LISA GILL, J.
1. Prayer in this writ petition is for directing respondent No.1 to correct the alleged clerical mistake which occurred during e-auction on 11.01.2024 due to an inadvertent mistake on the part of petitioners. It is submitted that due to this error bid of Rs.1,18,50,000/- instead of Rs.11,85,000/- was entered. Thus petitioner be permitted to deposit balance amount as per his bid i.e. 11,85,000/- after deducting EMD. There is further prayer for directing respondents No.1 to consider and decide representation dated 20.02.2024 (Annexure P-4) submitted by petitioner.
2. In view of judgment of Hon'ble the Supreme Court in Agarwal Tracom Private Limited v. Punjab National Bank and Ors. 2018(1) SCC 626 wherein it has been held that act of forfeiture of earnest money deposited by secured creditor is a measure under Section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of 1 of 2 ::: Downloaded on - 02-05-2024 21:16:33 ::: Neutral Citation No:=2024:PHHC:057484-DB CWP-9279-2024 -2- Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) and thus challengable before learned DRT under Section 17 of the SARFAESI Act, we do not find any ground for interference in this writ petition. Judgment of Agarwal Tracom Private Limited v. Punjab National Bank and Ors. has also been favourably referred by Hon'ble the Supreme Court in its subsequent judgment in The Authorized Officer, Central Bank of India v. Shanmugavelu, Civil Appeal No(s).235-236 of 2024.
3. Writ petition is accordingly disposed of with liberty to the petitioner to avail statutory remedy/ies available to him in accordance with law.
4. Pending miscellaneous application(s), if any, stand disposed of accordingly.
(LISA GILL) JUDGE (AMARJOT BHATTI) JUDGE 26.04.2024 sunil devi Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 02-05-2024 21:16:34 :::