IN THE COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR

WRIT PETITION NO ________/2022

PETITIONER: ROYCE TRADING

ENTERPRISES (OPC) PRIVATE
LIMITED
Through its authorized person
Shailesh Thakre
Office Address At plot no 11,
Firdoz Society Godhani Road
Nagpur

RESPONDENTS 1. AUTHORIZED OFFICER

Mr Sandeep Mali,
BANK OF BARODA
Zonal Stressed Assets
Recovery Branch Lanjekar
Building, 2nd floor, Adarsh
Nagar,Market Yard Road,
Gultekdi Pune 411037
 2. BANK OF BARODA
Regional Office, Nagpur
Region West high court
Road Dharmpeth Nagpur.

3. RESERVE BANK OFINDIA

Main Building, P.O.Box 901,
Shahid Bhagat Singh Road,
Mumbai-400 001

PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA

That above name petitioner most respectfully begs to

submit as under:-

1. That the petitioner is registered One Person

Company duly incorporated with the ministry of

corporate affairs vide corporate identity number

of the company as U51909MH2022OPC385024.

That the copy of the certificate of incorporation

is annexed herewith as Annexure 1.

2. That petitioner came across a Sale Notice

published by Bank of Baroda Zonal Stressed

Assets Recovery Branch Lanjekar Building, 2nd

floor, Adarsh Nagar, Market Yard Road, Gultekdi

Pune 411037 on dated 08/08/2022 wherein the

Respondent no 1 have put various property on

sale. That the copy of the sale notice is annexed

as Annexure 2. That as per the said

advertisement petitioner also checked the terms

and condition on the website of

https://www.bankofbaroda.in/eauction.html and

https://ibapi.in.

3. That being interested in the purchase on of the

property petitioner applied for the registration

on the website

https://www.mstcecommerce.com along with all

the required document that the application of

the petitioner was duly accepted by the website

 and login id was been duly allotted to the

petitioner.

4. That it is submitted that petitioner was

interested to purchase the property belonging to

the M/s Baba Nanak Sars Infra Pvt Ltd

schedule of property mentioned as follows

“Block No. U-6 to U-11 on the Ground Floor of

Amar Sajjan Towers, total admeasuring 269.87

sq. mtrs and each shop having built-up area

28.643 sq. mtrs. Having 6.30% undivided share,

Nagpur, Maharashtra, that the reserve price of

the said property was fixed at 1,66,49,000/-

(One Crore Sixty Six Lakhs Forty Nine Thousand

only and Earnest Money Deposit for the said

property was 16,64,900/- (Sixteen Lakhs Sixty

Four Thousand and Nine Hundred Only). That

the Date & Time of E Auction was scheduled on

24/08/2022 from 2.00 pm to 6.00 pm and

property inspection date and time was

scheduled on 22/08/2022 from 10.00 am to

 4.00 pm with prior appointment with to be taken

from Authorized officer.

5. That subsequently the amount of Earnest Money

Deposit was also paid by the petitioner. That the

petitioner has also paid the amount and bid for

the property bearing Property-

BARB561220220057 on date 24.08.2022. That

petitioner was declared as Highest Bidder and

petitioner got mail from

admin@mstcecommerce.com for Sale

Intimation. That the sale intimation letter in

itself means that the petitioner is the H1

(Highest Bidder) and the only purpose of the

respondent remaining is to approve the bid.

That the copy of the said Sale Intimation Letter

and the status stating that the petitioner is the

H1 (Highest Bidder) are jointly annexed as

Annexure -3.
6. That as per the Sale Intimation letter dated 24-

08-2022 the sale was subject to the approval of

the bank. That it is submitted that usually such

confirmation is done within 1 or 2 working days

but the said approval is not been done till date.

7. That the petitioner has also return the mail to

the authorized officer on 30 August 2022 in

regards to the pendency of the approval and

shown willingness to complete the sale. That the

said mail was addressed to the authorized

officer of the Bank. That the copy of the such

mail is been annexed as Annexure-4.

8. That the petitioner hereby submits that till filling

of the present petition bank has failed to

approve or reject the bid on the portal of

https://www.mstcecommerce.com for the

reason best known to the respondent.

GROUNDS
That the petitioner has preferred the instant petition on

the following grounds:

a. That the action on the part of the respondents is

illegal, improper and perverse and hence the it is

mandatory that the direction be issued against

such illegal action by this Hon’ble Court.

b. That the respondent no 1 should have considered

the fact that the petitioner is the highest bidder in

the above mentioned bid and hence the respondent

no 1 should have confirmed the bid in favour of the

present petitioner, and hence by not doing the

same the respondent no 1 has not performed his

duties and hence directions are needed to be

issued against him in the interest of justice.

c. That the respondent no 2 bank should have

approved the sale intimation letter within 1 or 2

working days, however the same has not been

done till today for the reason best known to the

respondent no 2 bank. That the petitioner is

depriving from his legal rights which is again bad in

la and hence it is necessary that relevant directions

be issued against the respondents.

9. That the cause of action arose for the present

suit when petitioner bided for the property

mentioned above, that the cause of action

further arose when the respondent bank did not

approved/rejected the bid and till continues in

nature as the said bid is pending on the portal of

https://www.mstcecommerce.com

10. That the petitioner has not filed any other

petition either before this Honble court or

Supreme Court of India questioning the

impugned inaction on the part of the

respondents.

11. That petitioner undertakes to file other

documents if required by this honble court.

 12. That petitioner have not received the caveat

from the respondent till date of filling of the

present petition.

13. That petitioner undertakes to remove all

office objection if any.

14. That the petitioner undertakes to supply the

typed copy of the handwritten documents if and

when required by this Hon’ble Court.

:PRAYER:

It is, therefore, most humbly prayed that this

Hon’ble Court be pleased to issue a writ of certiorari,

mandamus or any other appropriate writ order or

direction:–

i) Issue direction to the Respondent no 1

namely AUTHORIZED OFFICER, Mr

Sandeep Mali, BANK OF BARODA Zonal

 Stressed Assets Recovery Branch Lanjekar

Building, 2nd floor, Adarsh Nagar, Market

Yard Road, Gultekdi Pune 411037 to

decide the bid submitted by the petitioner

on the website of

https://www.mstcecommerce.com in

auction dated 24/08/2022 immediately.

ii) Grant the any other relief which this

honble court may deem fit and proper in

the facts and circumstances of the present

case.

Nagpur

Date 15-09-2022

Counsel for petitioner.

Advocate Tejas Patil

SOLEMN AFFIRAMATION

I Shailesh Thakre Aged about 35 years, Occupation

Service authorized person of ROYCE
TRADINGENTERPRISES (OPC) PRIVATE LIMITED
Office Address At plot no 11, Firdoz Society Godhani
Road Nagpur on the basis of the authority letter do
hereby take oath and state that the aforesaid petition has
been drafted by my counsel as per instruction given by
me. The contents of para no 1 to 13 are read over to me
and explained in vernacular and I found the same are
true to per the records and best of my knowledge
information and belief.

Hence verified and singed at Nagpur on this

___ day of September 2022

I know and identify

Deponent
Deponent
Adv Tejas patil
 IN THE COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR

WRIT PETITION NO ________/2022

PETITIONER: ROYCE TRADING

ENTERPRISES (OPC) PRIVATE
LIMITED
Through its authorized person
Shailesh Thakre
Office Address At plot no 11,
Firdoz Society Godhani Road
Nagpur

RESPONDENTS 1. AUTHORIZED OFFICER

Mr Sandeep Mali,
BANK OF BARODA
Zonal Stressed Assets and
2 other

SYNOPSIS

----------------------------------------------------------------
Dates Events
----------------------------------------------------------------
08.08.20222 Sale Notice published by the Bank of
Baroda, Zonal Stressed Assests
Recovery Branch, Pune, wherein the
respondent no 1 has put various
properties on sale.

22.08.2022 That the date and time of inspection of

the property mentioned in the sale
notice was fixed from 22.08.2022 from
10.00 am to 04.00 pm

24.08.2022 That the date and time of E-auction

was fixed on 24.08.2022 from 02.00
pm to 06.00 pm.

24.08.2022 The petitioner paid the amount of

earnest money deposit for the
property-BARB561220220057.

24.08.2022 The sale intimation letter was issued in

favour of the petitioner along with the
receipt stating that the petitioner is the
highest bidder.

30.08.20222 The petitioner issued a mail to the

respondent thereby stating that the
pendency of the approval.
  Whether the respondents are deliberately delaying
the confirmation of bid by the petitioner?

 Whether the respondents should have acted and

confirmed the bid by the petitioner within 1 or 2
days after the petitioner was declared as the
H1(Highest Bidder)?

Acts Referred

Constitution of India

Nagpur

Date 15-09-2022

Counsel for petitioner.

Advocate Tejas Patil

 IN THE COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR

WRIT PETITION NO ________/2022

PETITIONER: ROYCE TRADING

ENTERPRISES (OPC) PRIVATE
LIMITED

VERSUS

RESPONDENTS 1. AUTHORIZED OFFICER

Mr Sandeep Mali,
BANK OF BARODA
Zonal Stressed Assets and
2 other

INDEX

Sr. No. Particulars Date Page

1. Synopsis 15.09.22

2. Writ Petition under article 15.09.22

 226 of the Constitution of
India.
3. List of Annexures 6/2/2017

4. Annexure 1.
Copy of certificate
of Incorporation.

5. Annexure 2
Copy of Sale Notice.

6. Annexure 3.
Copy of sale intimation
Notice and the receipt of
Confirmation of Highest
Bidder.

7. Annexure 4.
Copy of mail sent by
the petitioner

Nagpur

Date 15-09-2022

Counsel for petitioner.

Advocate Tejas Patil

 IN THE COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR

WRIT PETITION NO ________/2022

PETITIONER: ROYCE TRADING

ENTERPRISES (OPC) PRIVATE
LIMITED

VERSUS

RESPONDENTS 1. AUTHORIZED OFFICER

Mr Sandeep Mali,
BANK OF BARODA
Zonal Stressed Assets and
2 other

LIST OF ANNEXURES

Sr. No. Particulars Date Page

1. Annexure 1.
Copy of certificate
 of Incorporation.

2. Annexure 2
Copy of Sale Notice.

3. Annexure 3.
Copy of sale intimation
Notice and the receipt of
Confirmation of Highest
Bidder.

4. Annexure 4.
Copy of mail sent by
the petitioner

Nagpur

Date 15-09-2022

Counsel for petitioner.

Advocate Tejas Patil