2013 (9) TMI 774

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....osh Rubber and Allied Industries on account of dues to it. It was categorically averred in the schedule of the public notice that there was no encumbrance on the property whatsoever. In response to this public notice, the petitioner participated and sent his quotation on 3.1.2009 alongwith a pay order of Rs. 6,60,0000/- towards 10% of reserve price. The sealed bids were opened on 9.1.2009 when the petitioner was found to be a successful bidder having made a bid of Rs. 70 lacs. The petitioner immediately on the same day deposited an amount of Rs. 10,90,000/- so as to ensure that 25% of the bid amount totalling to Rs. 17,50,000/- as deposit with respondent No. 1. The petitioner received a legal notice dated 14.1.2009 soon thereafter on beha....

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....ner has filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking a direction against respondent No. 1 to refund the amount of Rs. 17,50,000/- being 25% bid amount alongwith interest at the rate of 18% per annum. There is practically no defence to the writ petition. The only justification for non-refund of the 25% amount is stated to be the order of DRT dated 22.1.2009 whereby the interim stay was granted for all further proceedings of the Collector of Central Excise with respect to the sale held on 9.1.2009. This order is alleged to have been continuing as averred in the counter affidavit. However, learned counsel for respondent No. 1 states that on 5.1.2012, a recovery certificate was issued by the D....