- (1.) The petitioner seeks quashing of the memo dated 17.3.2009 (Annexure P-6) asking her to deposit the balance amount in respect of the plot which she had purchased in a public auction held by the respondent-Corporation.
(2.) The un-disputed facts are that in an auction held on 23.7.1993, the petitioner was the successful bidder for a residential Plot No. 2, Green Park, Civil Lines, Ludhiana, measuring 266.66 Sq. Yards. The plot was sold to her for a total sale consideration of ' 17,97,334/-. Clause 3 of the auction notice (Annexure P-1) published in the newspapers was to the following effect: 3. The person who gives the maximum bid has to deposit 25% amount of the auctioned plot and rest of the 25% amount is to be deposited within one month from the date of auction and rest of the 50% amount will be deposited in two equal six months installments along with 12 % interest. Due to the delay of installment the amount will be deposited with 19% Penal interest. This interest will be apart from 12 % interest."
(3.) The petitioner deposited 25% of the bid amount i.e. ' 4,50,000/- on the date of auction followed by another payment of equal amount on 19.10.1993. She deposited the next installment of ' 4,50,000/- after a delay of more than two and half years on 29.3.1996. Two more payments of ' 1,50,000/- and ' 2,93,290/- were made by the petitioner on 25.2.1997 and 23.4.1997, respectively. Thereafter, neither the petitioner deposited any amount nor the Corporation served any notice claiming the balance amount, if any. It was only in the year 2009, that the impugned communication was sent to the petitioner asking her to deposit the balance amount only when she asked the Corporation to execute the conveyance deed in her favour.;