Dolly Hanjabam Sharma vs Reserve Bank Of India And Others

The petitioner in an e-auction held by the respondent no. 3 on behalf of the respondent No. 2 for sale of an immovable property situate at No. 36, Park

Lane, Kolkata â€" 700 016 (hereinafter referred to as the said property) emerged successful. The petitioner’s offer was of Rs. 6,06,01,500/-. The

petitioner at the time of bidding had paid as earnest money a sum of Rs.60,60,050/-. The petitioner’s bid was accepted at the closure of the e-

auction held on 18th March, 2020. The petitioner had deposited a  further sum of Rs.90,90,325/- with the respondent No.2 over and above

Rs.60,60,050/-. The petitioner in terms of the conditions of e-auction was supposed to pay the balance sum being the difference between

Rs.6,06,01,500/- (consideration money) and Rs.60,60,050/- (earnest money) on or before 15th day of the confirmation of sale. The confirmation took

place on 19th March, 2021 and as such the petitioner had failed to pay such balance sum within such stipulated time. The petitioner upon seeking

extension from the bank has till now made payment of about 50% of the total consideration money. The petitioner says that the last extension granted

by the bank for payment was up to 31st May, 2021. On the petitioner’s request, the bank is willing to allow the petitioner to pay the balance 50%

within 17th June, 2021. The petitioner, however, in view of the adverse financial position owing to the pandemic seeks an extension to make payment

of the said balance 50% within 30th June, 2021.

Considering the petitioner’s case in a sympathetic manner and that the petitioner has already paid 50% of the total consideration money even

amidst the pandemic, this Court is willing to grant an extension to the petitioner to pay the balance 50% by 30th June, 2021. The extension granted by

this Court is peremptory in nature and no further extension shall be granted to the petitioner. In the event, the petitioner pays the entire 50% being the

remaining consideration money within 30th June, 2021 the respondents No. 2 and 3 shall accept the said money and complete the formalities in

transferring the said property in favour of the petitioner. On the petitioner’s failure to pay as per this order, the respondents shall be free to take

such steps as permissible in law.

Nothing further remains to be adjudicated in the writ petition. The same is accordingly disposed of.

Since I have not called for any affidavits the allegations contained in the petition are deemed to have not been admitted by the respondents.