Surinder Singh Nijjar, J. - (1.) THIS appeal is directed against the Judgment and Order dated 26.11.2001 in C.W.R5725/2001 of the High Court of Punjab and Haryana at Chandigarh.
(2.) THE respondent had approached the High Court with a prayer that the order dated September 30, 1998 by which the Haryana Financial Corporation (hereinafter referred to as the appellants/Corporation), had forfeited, amount of Rs.2.5 lakhs, deposited by the respondent by way of earnest money, be quashed. THE respondent had also prayed that the appellants/Corporation be directed to refund the amount illegally forfeited along with interest. Shorn of unnecessary details, we may notice here only the relevant facts. On 8.1.1998, the appellants/Corporation issued an advertisement for sale of various units, including the land of M/s. Unique Oxygen Private Limited(hereinafter referred to as the defaulting unit), Old Hansi Road, Jind. On 28.1.1998 respondent initially made an offer of Rs.25,00,000/-, which was subsequently during negotiations enhanced to Rs.50,00,000/-. On that very day the respondent deposited an amount of Rs.2.5 lakhs by way of earnest money. On 29.1.1998 the respondent wrote a letter to the Managing Director of the appellants/Corporation as follows: JUDGEMENT_209_SUPREME8_2009Html1.htm No response was given by the appellants/Corporation to the respondent. However by letter dated 19.2.1998 the appellants/Corporation called the respondent for negotiations. These negotiations resulted in enhancement of the bid from Rs.25 lakhs to Rs.50 lakhs. Again in the letter dated 7.3.1998, the respondent stated as follows: JUDGEMENT_209_SUPREME8_2009Html2.htm
(3.) IT would appear that by letter dated 3.4.1998, the Branch manager brought the objection of the respondent to the notice of the head office of the appellants/Corporation. in response to this communication the Branch Manager was informed by the head office of the appellants/Corporation, by letter dated 7.4.1998 that clear cut passage/rasta has been provided to the unit as per documents submitted by the defaulting unit at the time of availing loan. Reference in this letter was also made to the Sale Deed, dated 8.9.1994, Mutation No.5172, Mutation No.9896, Search Report and sale deed, Rasta, wherein it is mentioned that there is an approach road to the factory site. The Branch Manager was directed to satisfy the respondent with the aforesaid documents. On 13.4.1998, the Branch Manager addressed a letter to the head office of the appellants/Corporation clearly informing as follows: "However, the actual Rasta which is of 3 Karams and appeared in the papers particularly shown in the sale deed is not connected directly with the unit and to connect the Rasta with the Rasta of the revenue record party purchased some land where the movement of the vehicles is not possible at all." In fact the letter further pointed out as follows: "It is further stated that the area mentioned in the map approved by the M.C. is 1130 sq. yd. whereas the total area in the sale deed and is mortgaged to the Corporation is 1210 sq. yd. It is also not out of place to mention that the land on which the office building is constructed is also not mortgaged to the Corporation and if that area is excluded the main gate of the factory will go behind from the existing place and then the unit will be stripped of independent Rasta." ;