1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 540 OF 2010 IN CIVIL APPLICATION NO. 2357 OF 2009 IN REVIEW PETITION NO. 57 OF 2008 IN WRIT PETITION NO. 1572 OF 2008 M/s. Sapna Talkies .. Applicant Vs. 1. The Saraswat Co-Op.Bank and anr. .. Respondents Mr. P. L. Bhujbal for applicant. Mr. H. S. Venegavkar for respondent no.1. Mr. Sachin Pawar i/by Mr. Anilkumar Patil for respondent no.2. CORAM: B. H. MARLAPALLE,J. March 09, 2010. P.C. 1. Heard Mr. Bhujbal, the learned counsel for the applicant. 2. The applicant prays for the recall of the order dated 2 15/10/2009 passed by me in Civil Application NO. 2357 of 2009 and to allow the applicant to remit the outstanding dues of the respondent no.1- Bank and to take over the suit property. 3. In the order passed on 15/10/2009, it was noted that the sale proceeds were completed for a sum of Rs.2,15,00,000/- (Rupees Two Crores Fifteen Lakhs only) and it was directed that the sale proceeds shall be disbursed as under:- (a) Rs.65,00,000/- (Rupees Sixty Five Lakhs only) – towards taxes and statutory dues.; (b) Rs.40,00,000/- (Rupees Forty Lakhs only) – to Saraswat Co-operative Bank Ltd. (c) Rs.1,10,00,000/- (Rupees One Crore Ten Lakhs only) – to Godawari Urban Co-operative Bank Ltd. 4. It was also made clear that in case the recoveries of taxes and other statutory dues are less than Rs.65,00,000/-, the balance amount be 3 paid to the present applicant. It was further clarified that the present applicant – original respondent no.1 was at liberty to challenge the auction sale as may be permissible under the Rules and the amount so disbursed shall be subject to such final adjudication and the order passed on 15/10/2009 could not come in the way of the property owner. 5. This application has been filed on the ground that the sale proceeds were not completed, the Bank had not furnished the details of the auction sale to the applicant on 1/1/2010 despite its application submitted under the Right to Information Act, 2005 and, therefore, the auction purchaser had not deposited the entire amount of sale proceeds. 6. Shri Avadhut Prabhu, Senior Manager, Recovery Department of the Saraswant Co-operative Bank Ltd. has filed affidavit-in-reply. During the course of arguments Mr. Venegavkar, the learned counsel for the respondent no.1 – Bank submitted that the bid submitted by the successful bidder i.e. Shri M. A. Patil was received on 6/1/2009 and the said bid was for the sum of Rs.1,50,00,000/- (Rupees One Crore Fifty Lakhs only) plus Rs.65,00,000/- (Rupees Sixty Five Lakhs only) for payment of the statutory outstanding dues. The bid was accepted on 4 23/1/2009 and the first installment of Rs.30,00,000/- was remitted to the Saraswat Co-operative Bank Ltd. by the bidder on 20/2/2009. The second installment of Rs.15,00,000/- was also remitted to the Saraswat Co- operative Bank Ltd. on 31/3/2009. On 23/4/2009 an amount of Rs. 40,00,000/- was paid by the bidder to Godawari Urban Co-operative Bank Ltd. Thus, a sum of Rs.85,00,000/- was paid before the order dated 15/10/2009 was passed in Civil Application No. 2357 of 2009. A further sum of Rs.70,00,000/- has been paid to Godawari Urban Co-operative Bank Ltd. on 5/1/2010 i.e. after this application was filed. The affidavit of Shri Avadhut Prabhu further states that the amount of statutory dues i.e. taxes etc. is required to be paid after the plans submitted to the Competent Authority for approval are sanctioned. It is further stated that the plans have been submitted for sanction. As noted earlier, in the order under review, the applicant was granted liberty to challenge the auction sale and he has not done so. 7. The Saraswat Co-operative Bank Ltd. is hereby directed to supply to the applicant a copy of the bid submitted by Mr. Patil, the details of the amounts he has remitted to the Sawarswat Bank as well as Godavari Urban Co-operative Bank Ltd. from time to time and a copy of acceptance 5 of the bid submitted by Mr. Patil, within one week from today. The respondent no.1 shall also provide to the applicant, within the stipulated period of one week, copies of the correspondence with the bidder. 8. It is also necessary to clarify that when the bid has been accepted for the sum of Rs.2,15,00,000/-, it is the responsibility of the Saraswat Co-operative Bank to ensure that the said amount is received and it cannot be left to the choice of the bidder for remitting the statutory dues amount as and when the plans are approved by the Competent Authority. It would not be proper to make any observations regarding the steps taken by the bidder, as he is not impleaded as a party in this application. 9. Having regard to the above stated factual position, the prayer made in this application to recall the order dated 15/10/2009 and to put the applicant in possession of the auction sale property cannot be considered and, therefore, this application must fail. The relief, which could be sought by challenging the auction sale, cannot be considered in this review petition. 10. Hence, the application is hereby rejected. 6 11. By way of abundant precaution, it is clarified that this order does not deal with the merits of the auction sale and that will be an issue which will have to be gone into by the concerned authority as and when the present applicant challenges the auction sale. (B. H. MARLAPALLE,J.)