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Judgment
Mohammad Rafiq, CJ
This writ petition has been filed by petitioner M/s Atlas Steel Industries (P) Ltd., mainly with the following prayer:-
"i. a writ of mandamus, directing the respondents to immediately hand over the possession of the vacant land/property situated at V&PO kalruhi vide sale deed No.383/2014 dated 15.2.2014 comprised in Khewat No.442, Khatauni No.675, Khasra No.2377/505, 515 as entered in the nakal Jamabandi for the year 2008-2009 situated in village Kalruhi, Tehsil Amb, Distt. Una (HP)."
The contention of learned counsel for the petitioner-Company is that on 3rd July, 2020, e-auction was held online at website of the respondents-Bank and the petitioner was declared highest bidder for LOT-B. Its highest bid amount for LOT-B was Rs.9,61,00,000/- as against base bid value of Rs.1,81,00,000/-. After closing of bidding process and completion of all codal formalities, the letter of Confirmation of Sale of immovable property was issued in favour of the petitioner-Company through the authorized officer of the respondents-Bank, vide Annexure P-
Thereafter, the Sale Certificate was issued by the respondents-Bank in favour of the petitioner-Company, vide Annexure P-3. Despite completion of all the formalities by the petitioner-Company, neither the land has been transferred in the name of the petitioner nor the vacant possession of the land was handed over to it due to the reason best known to the respondents-Bank.
When the matter was listed on the last date of hearing, Mr. Rakesh K. Thakur, learned counsel for the respondents-Bank, submitted that when the land was auctioned in favour of the petitioner, the plant & machinery affixed thereon were also auctioned separately. E-auction of the secured moveable/immovable assets was conducted under the SARFAESI Act read with proviso to Rule 6(2) and Rule 8(6) of the Security Interest (Enforcement) Rules, 2002. The property was bifurcated into two LOTS. LOT-A was consisting of plant machinery, furniture, fixtures & fixed assets. LOT-B was of all that part and parcel of land and building, consisting of factory land, measuring 03-84-25 hectare (100 kanal), alongwith super structure, owned by M/s Crest Steel (Una) Private Limited. E-auction bid was held for both the LOTs, which was accepted, but the highest bidder of LOT-A did not honour the bid, hence, the auction sale of LOT-A did not materialise. Thereafter, fresh auction sale of LOT-A was held in the beginning of October, 2021. The Sale Certificate was issued on 11th October, 2021, in favour of M/s Chaudhary Industrial Projects Private Limited and a period of 45 days was given to them to remove all the plant, machinery, furniture, fixtures & fixed assets, which period is going to expire on 25th November, 2021.
The learned counsel for the respondents-Bank, however, submitted that the petitioner-Company is creating hindrance in removal of the plant, machinery, furniture, fixtures & fixed assets. This allegation is denied by the petitioner, who has insisted that vacant possession of the LOT-B, i.e. all part and parcel of the building and land measuring 100 kanal, alongwith super structure, should be handed over to them.
Having regard to the statement made by the learned counsel for the respondents-Bank, we dispose of the writ petition by directing the respondents-Bank to hand over the possession of the property, consisting in LOT-B, positively by 30th November, 2021, after completing all other necessary formalities, subject to the petitioner-Company not causing any hindrance in handing over the property, consisting in LOT-A, to the auction purchaser thereof, i.e. M/s Chaudhary Industrial Projects Private Limited.
Pending miscellaneous application(s), if any, shall also stand disposed of.