1 S. B. CIVIL WRIT PETITION 1567/2008 SMT. KAMLA DEVI V. MADHAV NAGRIK SAHKARI BANK LTD. & OTHERS. Date of Order : 10.4.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr. R. K. Thanvi, for Petitioner. Mr. N. M.Lodha, AAG. Mr. Anil Bhandari, for Respondent. This writ petition pertains to the cancellation of auction with a prayer to the respondents to execute the sale deed in favour of the petitioner. The matter was heard by this Court and to sort out the small issue involved in the present matter, even the Chairman of the Bank and the Chief Executive Officer were called. It is given out that the auction, having been cancelled, sale-deed cannot be executed by the Bank. Thus, the main prayer made by the petitioner cannot be accepted by the respondents. The Court has looked into the matter and taking into consideration the fact that the auction having been cancelled, the relief regarding execution of sale-deed cannot be granted. At this stage, learned counsel for the petitioner submitted that the bank may then refund the amount, so initially deposited by the petitioner. On that prayer, learned counsel for the respondents prayed that necessary directions may be issued by this Court. Since now the issue remains for refund of the amount only, I do not want to go into various controversies raised by both the parties, i.e., whether the petitioner had paid the entire balance amount pursuant to the auction on or before the last date so 2 extended. The controversy as to whether the respondents had accepted settlement with the borrower, even prior to last date of deposition of balance amount pursuant to the auction, all these questions need not be gone in as the parties have prayed for issuance of necessary direction for payment of the amount so deposited by the petitioner. Looking to the peculiar facts of the case, since controversy in the present matter is not large, therefore, taking note of the discussion made above, the respondents are directed to refund the amount so given by the petitioner within a week which would not carry any interest up to the date of the payment if such payment is made within a week. If the necessary amount is not made within the prescribed time, it will carry interest @ 10% per cent. It is, however, made clear that the direction aforesaid would not mean that the objection raised by the respondents pertaining to the maintainability of the writ is given up. (M. N. BHANDARI),J. scd