- (1.) Shri Bramhadatt Singh, Government Advocate, for the appellants. Shri M.S. Bhatti, counsel for the respondent No.1. Shri Udit Maindiretta, counsel for the respondent No.2. Learned counsel for the appellants is heard on the question of admission. This appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya Khandpeeth Ko Appeal Adhiniyam 2005 has been filed questioning the correctness of the order passed by the writ Court on 07.11.2020 in WP No. 19632/2014 whereby the writ Court relying upon a judgment of Supreme Court reported in (2015) 16 SCC 31 (Committee GFIL vs. Libra Buildtech Private Ltd. and others) allowed the petition in regard to refund of amount of stamp duty to the extent of relief claimed in the petition under Clause 7 (iii) and (iv).
(2.) The facts, leading to the present appeal in a nutshell are that the respondent No.1 (petitioner before the writ Court) filed a writ petition seeking a direction in the nature of mandamus commanding the appellant to refund the amount of stamp duty as well as registration charges because the said firm participated in the auction conducted by the respondent No.2 and purchased the property after paying the consideration amount of Rs. 1,20,00,000/- over which an amount of Rs. 16,69,600/-was paid as a stamp duty and registration charges and the sale certificate was executed and issued by the Bank.
(3.) The defaulter-borrower upon repayment of entire dues got the sale set aside in an appeal preferred under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 challenging the auction proceedings. The said appeal was registered as MA No. 85/2020. The Debt Recovery Tribunal finally set aside the auction proceedings as it found some irregularity therein and directed the Bank to recall the sale certificate already issued in the name of the petitioner.;