HANUMAN TYRES Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Heard Mr.G.K.Deshpande, learned counsel appearing for the petitioner, Mr.V.Murali Manohar, learned counsel representing Ms.V.Dyumani, learned counsel appearing for the respondent and Mr.J.Prabhakar, learned Senior Counsel assisted by Mr.K.Krishna Shrawan, learned counsel appearing for the implead petitioner/proposed respondent No.2.

(2.) The writ petition is filed challenging the impugned letter/communication dtd. 9/7/2025 issued by the respondent/Union Bank of India cancelling the Sale Certificate dtd. 4/7/2025 issued under Sec. 9(6) of The Security Interest (Enforcement) Rules, 2002 ('2002 Rules'), in favour of the petitioner in respect of the immovable property i.e., land, admeasuring 223.33 Square Yards situated in Survey No.177/3 (dismantled house bearing No.40/37G), Main Road, Mouryainn Circle, Kurnool, and consequently to set aside the impugned letter/communication dtd. 9/7/2025 and deliver possession of the title deeds of auctioned property.

(3.) The case of the petitioner is that the petitioner is the successful auction purchaser for a bid amount of Rs.2,38,36,000.00 in respect of the subject property. On 13/6/2025, the respondent issued a Sale Intimation Letter declaring the petitioner as successful bidder and while acknowledging receipt of Rs.59,59,000.00 i.e., 25% of the bid amount, directed the petitioner to pay the balance 75% of the bid amount, amounting to Rs.1,78,77,000.00 within 15 days. Since the petitioner paid the balance 75% of the bid amount within the stipulated time, the respondent/Bank issued a Sale Certificate dtd. 4/7/2025, selling/conveying the title and possession in respect of the auction property in favour of the petitioner under Rule 9(6) of the Rules. Subsequently, an impugned communication dtd. 9/7/2025 was issued to the petitioner cancelling the Sale Certificate on the ground that there was a deficit in the extent of the property, as 26.22 Square Yards of land was already acquired/gifted to the Municipal Corporation vide Gift Deed bearing document No.3622/2009.