IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 129 Canara Bank Vijay Kumar Aggarwal CORAM: Present:- NIDHI GUPTA, J. 227 of the Constitution of India Application in CIS No.EXE Assistant General Manager” proceedings. 2. filed an application Services Authorities Act, 1987 Utility Services, Camp Court at Narnaul petitioner to hand over possession of the suit property. It was pleaded in the said application that the respondent No.1 had participated E-auction in respect of the secured assets of M/s Sangam Poultry Feed Mil upon which sale of plot measuring 450 square yards was confirmed in favour of the respondent No.1; pursuant to which respondent No.1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Canara Bank Vs. Vijay Kumar Aggarwal & Others HON’BLE MS. JUSTICE NIDHI GUPTA Mr. Rahish Pahwa, Advocate for the petitioner. *** NIDHI GUPTA, J. Present Revision Petition has been filed under Article 227 of the Constitution of India praying for setting aside the Execution Application in CIS No.EXE-167-2022 titled as “Vijay Kumar Aggarwal Vs. The Assistant General Manager” (Annexure P14) proceedings. Brief facts of the case are that the respondent N filed an application dated 26.07.2018 under Section 22C of the Legal Services Authorities Act, 1987 before the Permanent Lok Adalat, Public Utility Services, Camp Court at Narnaul, praying for a direction to the petitioner to hand over possession of the suit property. It was pleaded in the said application that the respondent No.1 had participated auction in respect of the secured assets of M/s Sangam Poultry Feed Mil upon which sale of plot measuring 450 square yards was confirmed in favour of the respondent No.1; pursuant to which respondent No.1 p. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3227-2025(O&M) Date of decision: 26.05.2025 ...Petitioner(s) ...Respondent(s) HON’BLE MS. JUSTICE NIDHI GUPTA , Advocate Revision Petition has been filed under Article praying for setting aside the Execution 2022 titled as “Vijay Kumar Aggarwal Vs. The ) including all the subsequential Brief facts of the case are that the respondent No.1 had dated 26.07.2018 under Section 22C of the Legal before the Permanent Lok Adalat, Public , praying for a direction to the petitioner to hand over possession of the suit property. It was pleaded in the said application that the respondent No.1 had participated in the mega auction in respect of the secured assets of M/s Sangam Poultry Feed Mills upon which sale of plot measuring 450 square yards was confirmed in favour of the respondent No.1; pursuant to which respondent No.1 4 Revision Petition has been filed under Article praying for setting aside the Execution 2022 titled as “Vijay Kumar Aggarwal Vs. The including all the subsequential o.1 had dated 26.07.2018 under Section 22C of the Legal before the Permanent Lok Adalat, Public , praying for a direction to the petitioner to hand over possession of the suit property. It was pleaded in in the mega ls upon which sale of plot measuring 450 square yards was confirmed in favour of the respondent No.1; pursuant to which respondent No.1 SUNENA 2025.05.28 15:46 I attest to the accuracy and integrity of this document deposited Rs. amount of Rs.2,50,000/ Rs.11,54,751/ requested the Branch Manager possession of the 16.05.2018 but the petitione No.1. As such, respondent No.1 had filed the 26.07.2018; which w Award dated 06.10.2022 (Annexure P13) to the following deposited Rs.1,54,000/- as 10% of the bid on 11.12.2017 amount of Rs.2,50,000/- on 19.12.2017 Rs.11,54,751/- was kept in account for payment. The respondent No.1 had requested the Branch Manager of the petitioner possession of the E-auction property on various dates from 10.01.2018 to but the petitioner paid no heed to the request of respondent As such, respondent No.1 had filed the ; which was disposed of by the Award dated 06.10.2022 (Annexure P13) to the following “11. …… After ignoring the documents Ex.R16 to Ex.R18 there is absolutely no evidence on file to substantiate the fact that the applicant was ever informed by possession of the property and to get the sale deed registered in his favour. It was the duty of the respondents to intimate the applicant just after taking the possession of the property to get the sale deed registered but no such intimation was ever sent by the respondents to the applicant. Now the applicant cannot be compelled to take the possession and to get the sale deed registered in his favour and moreover as per the statement of the applicant the respondents have removed all the machineries and have dismantled the infrastructure. This fact has not been denied by Smt. Bhawna Canara Bank, Branch Narnaul in her statement which was recorded on 20.01.2022. It was just deposed by Smt. Bhawna that the Branch Manager is not empowered to refund the amount deposited by the applicant. She did not depose that the p. 2 as 10% of the bid on 11.12.2017; and remaining on 19.12.2017; and remaining amount of was kept in account for payment. The respondent No.1 had the petitioner-Bank to provide legal various dates from 10.01.2018 to r paid no heed to the request of respondent As such, respondent No.1 had filed the said application dated as disposed of by the Permanent Lok Adalat vide Award dated 06.10.2022 (Annexure P13) to the following effect: - After ignoring the documents Ex.R16 to Ex.R18 there is absolutely no evidence on file to substantiate the fact that the by the respondents to take the possession of the property and to get the sale deed registered It was the duty of the respondents to intimate the applicant just after taking the possession of the property to get the sale deed registered but no such intimation was ever sent by the respondents to the applicant. Now the applicant cannot o take the possession and to get the sale deed registered in his favour and moreover as per the statement of the applicant the respondents have removed all the machineries and have dismantled the infrastructure. This fact has not been denied by Smt. Bhawna, Assistant Manager, Canara Bank, Branch Narnaul in her statement which was recorded on 20.01.2022. It was just deposed by Smt. Bhawna that the Branch Manager is not empowered to refund the amount deposited by the applicant. She did not depose that the 4 and remaining ing amount of was kept in account for payment. The respondent No.1 had Bank to provide legal various dates from 10.01.2018 to r paid no heed to the request of respondent dated Lok Adalat vide After ignoring the documents Ex.R16 to Ex.R18 there is absolutely no evidence on file to substantiate the fact that the the respondents to take the possession of the property and to get the sale deed registered It was the duty of the respondents to intimate the applicant just after taking the possession of the property to get the sale deed registered but no such intimation was ever sent by the respondents to the applicant. Now the applicant cannot o take the possession and to get the sale deed registered in his favour and moreover as per the statement of the applicant the respondents have removed all the machineries and have dismantled the infrastructure. This fact , Assistant Manager, Canara Bank, Branch Narnaul in her statement which was recorded on 20.01.2022. It was just deposed by Smt. Bhawna that the Branch Manager is not empowered to refund the amount deposited by the applicant. She did not depose that the SUNENA 2025.05.28 15:46 I attest to the accuracy and integrity of this document 3. petitioner before this Court by way of Civil Writ Petition No. which was disposed of as not pressed by Co vide order dated 12.04.2023 (Annexure P15) 4. No.129 (Anne passed by the Permanent Lok Adalat. 5. in pursuance to the Award dated 06.10.2022, the refunded the amount of Rs.4,04,000/ bank has not removed the machineries and did not dismantle the infrastructure. In the given circumstances we are of the considered opinion that the interest of justice shall be fully met if the respondents are directed to refund the amount i.e. Rs.1,54,000+2,50,000=4,04,000/ 12. In view of our above discussion and observations the present application, filed by the applicant, is hereby allowed. The respondents are directed to refund an amount of Rs.4,04,000/- (Rupees Four Lakh Four Thousand applicant alongwith interest 7.5% from the date of filing of the present application till realization. The respondents are also directed to pay a sum of Rs.10,000/ Only) to the applicant as compensation on account of harassment etc. 13. This award is passed accordingly. File be consigned to the record-room after due compliance. The said Award dated 06.10.2022 was challenged by the oner before this Court by way of Civil Writ Petition No. which was disposed of as not pressed by Co vide order dated 12.04.2023 (Annexure P15) Thereafter, respondent No.1 had filed Revision Petition No.129 (Annexure P14) seeking execution of the Award dated 06.10.2022 passed by the Permanent Lok Adalat. It is submitted by learned counsel for the petitioner in pursuance to the Award dated 06.10.2022, the refunded the amount of Rs.4,04,000/- p. 3 k has not removed the machineries and did not dismantle the infrastructure. In the given circumstances we are of the interest of justice shall be fully met if the respondents are directed to refund the amount i.e. 50,000=4,04,000/- to the applicant. 12. In view of our above discussion and observations the present application, filed by the applicant, is hereby allowed. The respondents are directed to refund an amount of (Rupees Four Lakh Four Thousand Only) to the applicant alongwith interest 7.5% from the date of filing of the present application till realization. The respondents are also cted to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the applicant as compensation on account of 13. This award is passed accordingly. File be consigned to the room after due compliance.” The said Award dated 06.10.2022 was challenged by the oner before this Court by way of Civil Writ Petition No.1667-2023, which was disposed of as not pressed by Co-ordinate Bench of this Court vide order dated 12.04.2023 (Annexure P15). Thereafter, respondent No.1 had filed Revision Petition xure P14) seeking execution of the Award dated 06.10.2022 It is submitted by learned counsel for the petitioner-Bank that in pursuance to the Award dated 06.10.2022, the petitioner had duly - to respondent No.1 vide 4 k has not removed the machineries and did not dismantle the infrastructure. In the given circumstances we are of the interest of justice shall be fully met if the respondents are directed to refund the amount i.e. 12. In view of our above discussion and observations the present application, filed by the applicant, is hereby allowed. The respondents are directed to refund an amount of Only) to the applicant alongwith interest 7.5% from the date of filing of the present application till realization. The respondents are also (Rupees Ten Thousand Only) to the applicant as compensation on account of 13. This award is passed accordingly. File be consigned to the The said Award dated 06.10.2022 was challenged by the 2023, ordinate Bench of this Court Thereafter, respondent No.1 had filed Revision Petition xure P14) seeking execution of the Award dated 06.10.2022 Bank that had duly to respondent No.1 vide SUNENA 2025.05.28 15:46 I attest to the accuracy and integrity of this document letter/transaction slip dated 07.10.2023 (Annexure P16). The receipt dated 07.10.2023 issued by respondent No.1 in respect of the said amount is Annexure P17. Learned counsel contends that in thi cause or occasion 6. 7. perused the case file in great 8. transaction slip (Annexure P16) or the receipt (Annexure P17) established before this Court the petitioner has very candidly admitted that objections have not yet been filed by the petitioner before the learned Executing Court. same, no ground is made out to grant the prayer made by lear for the petitioner. Present Revision Petition accordingly stands 9. 26.05.2025 Sunena Whether speaking/reasoned: Whether reportable: letter/transaction slip dated 07.10.2023 (Annexure P16). The receipt dated 07.10.2023 issued by respondent No.1 in respect of the said amount is Annexure P17. Learned counsel contends that in thi occasion for respondent No.1 to have filed the Execution Petition. No other argument is made on behalf of the petitioner. I have heard learned counsel for the petitioner and perused the case file in great detail. Clearly, the veracity and authenticity transaction slip (Annexure P16) or the receipt (Annexure P17) before this Court. On a direct Court query, learned counsel for the petitioner has very candidly admitted that objections have not yet been filed by the petitioner before the learned Executing Court. same, no ground is made out to grant the prayer made by lear for the petitioner. Present Revision Petition accordingly stands Pending application(s) if any also stand(s) disposed of. Whether speaking/reasoned: Yes/No reportable: Yes/No p. 4 letter/transaction slip dated 07.10.2023 (Annexure P16). The receipt dated 07.10.2023 issued by respondent No.1 in respect of the said amount is Annexure P17. Learned counsel contends that in this situation, there was no for respondent No.1 to have filed the Execution Petition. No other argument is made on behalf of the petitioner. rned counsel for the petitioner and and authenticity of the alleged transaction slip (Annexure P16) or the receipt (Annexure P17) cannot be On a direct Court query, learned counsel for the petitioner has very candidly admitted that objections have not yet been filed by the petitioner before the learned Executing Court. In view of the same, no ground is made out to grant the prayer made by learned counsel for the petitioner. Present Revision Petition accordingly stands dismissed. Pending application(s) if any also stand(s) disposed of. (Nidhi Gupta) Judge 4 letter/transaction slip dated 07.10.2023 (Annexure P16). The receipt dated 07.10.2023 issued by respondent No.1 in respect of the said amount is s situation, there was no rned counsel for the petitioner and of the alleged be On a direct Court query, learned counsel for the petitioner has very candidly admitted that objections have not yet been In view of the ned counsel SUNENA 2025.05.28 15:46 I attest to the accuracy and integrity of this document