Anju Bala vs State Bank Of India And Another
2024 Latest Caselaw 8959 P&H

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

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Neutral Citation No:=2024:PHHC:057484-DB

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

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