Case Law Details
Dinesh Kumar Tiwari Vs Bank of Baroda (Allahabad High Court)
In the present case, the borrower had paid the entire amount of Rs. 19,50,000=00 to the BOB before the sale was confirmed and, the BOB had issued ‘no dues certificate’ to the borrower and, filed an application before the Recovery Officer for cancelling the auction process, but the Recovery Officer had gone ahead to confirm the sale and rejected the application. The auction purchaser could claim refund of his money from the BOB with interest, but he did not have any right over the property before the sale was confirmed inasmuch as Recovery Officer had no right to confirm the sale after BOB wrote to him for cancelling the auction. The BOB had already received the entire amount and, written an application to the Recovery Officer for cancellation of the sale process, but despite that the Recovery Officer had proceeded to confirm the sale wholly illegally and unauthorizedly.
In view thereof, the present petition is disposed of with a direction to the Tribunal to decide the appeal filed by the petitioner expeditiously in accordance with law, preferably within a period of one month and, till the appeal is decided by the Tribunal, the interim order passed by this Court on 19.05.2015 shall remain in operation.
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
1. Heard Ms. Shreya Chaudhary, learned counsel for the petitioner, Mr. Prashant Kumar Srivastava, learned counsel for respondent no. 1-Bank of Baroda (for short “BOB”), as well as Mr. Vishal Agarwal, learned counsel representing respondent no. 3, and gone through the record.
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