RAKESH KUMAR KAUSHAL Vs. STATE OF UTTAR PRADESH THRU. PRIN. SECY. FINANCE
LAWS(ALL)-2018-12-147
HIGH COURT OF ALLAHABAD
Decided on December 20,2018

Rakesh?Kumar?Kaushal Appellant
VERSUS
State Of Uttar Pradesh Thru. Prin. Secy. Finance Respondents

JUDGEMENT

ALOK MATHUR - (1.) Heard Sri Surya Mani Pandey, learned counsel for the petitioner and Sri Prashant Kumar Srivastava, learned counsel appearing for respondent no. 2.
(2.) Petitioner by means of this writ petition under Article 226 of the Constitution has sought indulgence of this court for a direction to the respondent no. 2 (Authorised officer/Chief Manager, Allahabad Bank, Sultanpur Branch, to refund the entire amount of Rs. 60,00,000/- (Rupees 60 Lacs) with 18% interest and Rs. 15 lakhs (rupees fifteen lakh) as damages.
(3.) In brief, the conspectus of the controversy emanates from the fact that the petitioner, who is an auction-purchaser of secured assets auctioned by the Allahabad Bank, in proceedings conducted in pursuance to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "SARFAESI Act"), has deposited the entire bid amount at the auction held on 28.06.2017, yet the possession of the property has not been handed over to him, despite lapse of nearly one and a half year and level best efforts made by him.;


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