Narender Pal vs Imperial Bakery and Others

V.K. Ahuja, J.—Petitioner has filed the present petition challenging the order, dated 3.12.2009, passed by the learned Presiding Officer, Fast Track Court, Mandi, H.P., vide which the Court had directed that after deducting the expenses of the sale, 1/4th of the remainder of the amount would be forfeited to the State of H.P. and the 3/4th was ordered to be refunded to the auction purchaser.

I have heard the learned Counsel for the parties. Brief facts of the case leading to the filing of the petition are that the Petitioner as auction purchaser participated in the auction of the property of the JD and deposited a sum of Rs. 5,20,000/-at the time of auction and was required to deposit the balance amount and there was a delay of 2 days in depositing the same. The Petitioner had prayed in the application that he was ill and confined to bed and, therefore, could not deposit the amount within time. The Court passed the order for forfeiture of the amount to the extent of 1/4th as detailed above. On being aggrieved, the present petition has been filed.

The delay in depositing the balance amount should have been condoned in such circumstances when the Petitioner alleged that he was ill and was confined to bed and there was only delay of 2 days in depositing the amount. Therefore, the impugned order is set aside. The remaining amount deposited in the Registry of this Court shall be remitted to the learned Executing Court and steps for confirmation of the sale may be taken by the said Court according to law. The amount due to the Bank/respondent No. 3 be remitted on an application to be filed by the said Respondent for the refund of the amount along with up-to-date interest. The balance amount, if any, if it is left, shall be refunded to the JD thereafter.

With the above direction, the petition stands disposed of, so also the pending application(s), if any.