Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55920-DB Court No. - 40 Case :- WRIT - C No. - 11132 of 2025 Petitioner :- Jaypal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Sharma,Shobh Nath Counsel for Respondent :- Amrish Sahai,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the forfeiture of the earnest amount paid by him with regard to purchase of a property through auction.
3. It is to be noted that the petitioner had deposited 25% amount, but failed to deposit balance 75% amount even after grant of an extension of time as per Rule 9 of Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as 'the Rules'). It is to be further noted that this Court cannot interfere and extend the time period as it is clear from the fact that the bank has not acted in any mala fide manner. All the steps taken by the bank including the forfeiture of earnest money are as per the Rules that were very well known to the petitioner at the time of payment of earnest money with regard to the auction purchase.
5. Accordingly, the writ petition is dismissed. Order Date :- 16.4.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad