Vikash Kumar vs Bank Of Baroda

The petitioner has prayed for the following relief/s :-

(i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities in Bank of

Baroda (hereinafter referred to as ""the Bank"") to take steps towards returning the amount of Rs.19,31,300/- to the petitioner that has been deposited

by him towards EMD and 25% of the biding amount pursuant to e-auction conducted by the Bank in relation to the immovable property situated at

Mauja Bodhgaya, Tola Baiju Bigha, P.S.-Bodhgaya, P.S. No. 359, Tauji-Samilat Anchal Bodhgaya, Distt-Gaya, Khata No. 778 (N)/246 (0), Plot No.-

118 (N)/82 (0), Sale Deed No. 11006 in the name of Akhauri Nishant, S/o Akhauri Gopal;

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Bank

to take steps towards making payment of penal interest over and above the amount of money as may be found to be liable to be returned to the

petitioner;

(iii) Issuance of a declaration holding that the petitioner is entitled for return of the amount of Rs. 19,31,000/- deposited by him in furtherance of e-

auction in relation to the aforesaid piece of land as the land, in question does not exist and furthermore, the petitioner is also entitled for award of

exemplary damages in addition to the penal interest in accordance with law;

(iv) Any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case.

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content

if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four

weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it

of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:-

(a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the

grievance(s);

(b) The said authority shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from

the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties;

(d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the

same shall be dealt with, in accordance with law and with reasonable dispatch;

(f) Liberty reserved to the petitioner to approach the appropriate forum, if the need so arises subsequently on the same and subsequent cause of

action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually

agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.