It is also number out of place to mention that the land on which the office building is companystructed is also number mortgaged to the Corporation and if that area is excluded the main gate of the factory will go behind from the existing place and then the unit will be stripped of independent Rasta.
The aforesaid writ petition has been allowed by the Division Bench.
The Branch Manager was directed to satisfy the respondent with the aforesaid documents.
In fact the letter further pointed out as follows It is further stated that the area mentioned in the map approved by the C. is 1130 sq.
Dear Sir, With reference to your advertisement in ECONOMIC TIMES dated 08.01.98, we are inclined to submit our bid for purchase of assets of the above mentioned companypany.
On 13.4.1998, the Branch Manager addressed a letter to the head office of the appellants Corporation clearly informing as follows However, the actual Rasta which is of 3 Karams and appeared in the papers particularly shown in the sale deed is number companynected directly with the unit and to companynect the Rasta with the Rasta of the revenue record party purchased some land where the movement of the vehicles is number possible at all.
The respondent had also prayed that the appellants Corporation be directed to refund the amount illegally forfeited along with interest.
It is this order which is challenged in the present appeal.
Further directions were issued to release the amount to the respondent within two months from the receipt of a companyy of the order of the High Court.
Thanking you, Yours faithfully Sd Rajesh Gupta No response was given by the appellants Corporation to the respondent.
The order dated 30.9.1998 by which the earnest money had been forfeited has been quashed and set aside.
The High Court also imposed companyts on the appellants Corporation assessed as Rs.5,000/ .
It was this action of the appellants Corporation that was challenged by the respondent by way of a Writ Petition in the Punjab and Haryana High Court.
On 28.1.1998 respondent initially made an offer of Rs.25,00,000/ , which was subsequently during negotiations enhanced to Rs.50,00,000/ .
Thanking you, Yours faithfully Sd Rajesh Gupta It would appear that by letter dated 3.4.1998, the Branch manager brought the objection of the respondent to the numberice of the head office of the appellants Corporation.
In spite of the aforesaid factual position, the appellants/ Corporation issued the letter dated 18.5.1998 to the respondent advising him to deposit balance amount of 25 per cent of the bid amount within 15 days from the date of issue of the letter failing which the amount of the earnest money deposited would be forfeited without further numberice.
In response to this companymunication the Branch Manager was informed by the head office of the appellants Corporation, by letter dated 7.4.1998 that clear cut passage rasta has been provided to the unit as per documents submitted by the defaulting unit at the time of availing loan.
A further direction has been issued to the appellants Corporation to refund the amount along with interest at the rate of 12 per cent per annum w.e.f.
Reference in this letter was also made to the Sale Deed, dated 8.9.1994, Mutation No.5172, Mutation No.9896, Search Report and sale deed, Rasta, wherein it is mentioned that there is an approach road to the factory site.
1.2.1998 to the date of payment.
whereas the total area in the sale deed and is mortgaged to the Corporation is 1210 sq.
The respondent had approached the High Court with a prayer that the order dated September 30, 1998 by which the Haryana Financial Corporation hereinafter referred to as the appellants Corporation , had forfeited, amount of Rs.2.5 lakhs, deposited by the respondent by way of earnest money, be quashed.
On our visit, it was numbericed that the premises do number have an independent appropriate passage from the road.
However by letter dated 19.2.1998 the appellants Corporation called the respondent for negotiations.
Shorn of unnecessary details, we may numberice here only the relevant facts.
On 30.9.1998 the appellants Corporation forfeited the sum of Rs.2.5 lakhs which had been deposited by the respondent as earnest money.
On 29.1.1998 the respondent wrote a letter to the Managing Director of the appellants Corporation as follows RAJESH GUPTA 578, AUTO MOBILE MARKET HISAR Phone 28221 3 Lines Fax No.01662 31084 January 29, 1998 The Managing Director Haryana Financial Corporation 17, 18, 19 Sector 17 A Chandigarh 160017 Kind Attention Sh.
Raj Kumar Ji, M.D. Sub Offer to purchase assets of Unique Oxygen Private Limited Jind.
These negotiations resulted in enhancement of the bid from Rs.25 lakhs to Rs.50 lakhs.
On that very day the respondent deposited an amount of Rs.2.5 lakhs by way of earnest money.
On 8.1.1998, the appellants Corporation issued an advertisement for sale of various units, including the land of M s. Unique Oxygen Private Limited hereinafter referred to as the defaulting unit , Old Hansi Road, Jind.
The respondent, however, again raised the issue regarding the passage at the open house held by the appellants Corporation at Hissar on 12.6.1998.
With this purpose we visited the factory premises on 21.01.1998.
SURINDER SINGH NIJJAR, J. This appeal is directed against the Judgment and Order dated 26.11.2001 in C.W.P.5725/2001 of the High Court of Punjab and Haryana at Chandigarh.
