Court No. - 4 Case :- WRIT - C No. - 2723 of 2010 Petitioner :- M/S. Jai Durga Kutir Udyog & Anr. Respondent :- Bank Of Baroda & Anr.
Petitioner Counsel :- Ashok Kr. Singh
Respondent Counsel :- C.S.C.
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioners.
Suit filed by respondent no. 1 Bank for recovery of certain amount from
the petitioners was decreed by the trial court vide judgment and decree
dated 03.02.1993 and the petitioner no. 2 was directed to pay the entire
outstanding amount in instalment of Rs.5000/ per month, the 1st of
which was to be paid on 1st March, 1993.
It appears that the petitioners failed to comply with the decree, as such,
the same was put into execution and in pursuance thereof, the property
belonging to the petitioners was auctioned in favour of the respondent
no. 2. The sale is also stated to have been confirmed. Thereafter,
petitioner moved an application to permit him to deposit the amount
deposited by auction purchaser and to remove the attachment. The
executing court finding that even at this stage, the petitionerjudgment
debtor did not made an offer to pay the entire outstanding amount of the
Bank and moved an application to permit him to deposit a sum of
Rs.55,000/ deposited by the auction purchaser, rejected the application.
Shri Sarvesh Kumar Verma appearing for the auction purchaser states
that the sale has already been confirmed by the executing court on
01.05.2009.
In the facts and circumstances and particularly in view of the fact that the
sale has already been confirmed on 01.05.2009, the executing court has
rightly declined to permit the decree holder to deposit the money for
which property was auctioned and there is no illegality in the same.
The writ petition, accordingly, fails and stands dismissed.
25.01.2010
VKS/ WP 2723/10