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High Court of Himachal Pradesh · body

2025 DAILYLAW 27397 (HP)

NARENDER KUMAR SOOD v. BRANCH MANAGER, KANGRA CENTRAL COOPERATIVE BANK LTD AND ORS

CMP/24463/2024 · 2025-02-25

Ajay Mohan Goel

body2025

Judgment text

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Narender Kumar Sood Vs. State of H.P. & Ors. CMP No.24463 of 2024 in CWP No.7871 of 2022 25.02.2025 Present: None for the non-applicant/petitioner. M/s Sohan Singh Rathour and I.S. Chandel, Advocates, for non-applicant/respondent No.1. Mr. Rajat Chauhan, Advocate, for non- applicant/respondent No.2. Mr. Surinder Saklani, Advocate, for applicant/respondent No.3. CMP No.24463 of 2024 By way of this application, a prayer has been made for refund of an amount of Rs.2,00,000/- alongwith interest, which amount was deposited at the time of auction. The application is opposed by learned counsel appearing for non-applicant/ respondent No.1, who submits that the said amount stood forfeited by the Bank on account of the acts of omission of the applicant, who failed to deposit the balance amount within the requisite time period. Having heard learned counsel for the applicant as also learned counsel for the Bank and having gone through the judgment passed by Hon’ble Coordinate Bench of this Court in the Writ Petition, this Court is of the considered view that no order can be passed on this application in these proceedings and the amount cannot be ordered to be released in favour of the applicant. Whether or not, the applicant is entitled for refund of the said amount is a matter of adjudication, for which the applicant will have to agitate the issue in the appropriate Forum. At this stage, learned counsel appearing for the applicant submits that the applicant be given liberty to agitate the said issue before the appropriate Forum. Ordered accordingly. The application is disposed of, with liberty, as prayed for. (Ajay Mohan Goel) Judge February 25, 2025 (Rishi)