Jaydev Chawla v. The Central Bank Of India And ORS.

09.01.

Ct. No. 24 Ab WPA 18021 of 2024 Joydev Chawla Vs.

Central Bank of India and others.

--------------- Mr. Kishore Mukherjee, Mr. Ahitagni Dey.

... for the petitioner.

Mr. Bishwambhar Jha, Mr. Harshwardhan Kumar Jha, Ms. Munmun Mishra ... for the Bank.

1. The petitioner's grievance that having participated in an auction sale conducted by the respondent no. 1, the petitioner had a legitimate expectation that possession of the property, which was sold to him would be handed over within a reasonable time. The petitioner made the entire payment of Rs. 20.12 lakh on February 4, 2021.

2. The petitioner has been running from pillar to post to get possession of the property as the successful purchaser.

3. No steps were taken by the Bank to facilitate handing over the possession and ultimately after filing of the writ petition in July 2024, the Bank refunded the entire amount on March 26, 2025.

4. Since the Bank was unable to handover the possession of the property and retains the entire amount paid by the petitioner for a period slightly in excess of four years, it is only reasonable that

the Bank be directed to pay some interest on the afore-stated sum of Rs. 20.12 lakh for the period between February 4, 2021 till March 26, 2025.

5. Mr. Jha, learned Advocate appearing on behalf of the Bank, has submitted on instruction that the Bank is willing to pay interest at the rate given in the savings account.

6. Since the petitioner has been out of pocket for no fault, for a substantial sum, the Bank is directed to pay simple interest at the rate of six percent per annum on the afore-stated sum by February 20, 2026.

7. With the afore-stated directions, the writ petition is disposed of.

8. There shall, however, be no order as to costs.

9. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)