M.M.Basheer vs The Official Receiver on 3 March, 2008

Kerala High Court
M.M.Basheer vs The Official Receiver on 3 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 126 of 2007()


1. M.M.BASHEER, SAHANA MANZIL, MARKET ROAD
                      ...  Petitioner

                        Vs



1. THE OFFICIAL RECEIVER,
                       ...       Respondent

2. G.D.PILLAI, REMA NIVAS, PAPPANAMCODE,

3. J.HYMAVATHY THANKACHY, W/O.C.S.NAIR,

4. R.G.SHEELA, W/O.GOPINATHAN, 'DEEPTHI',

5. B.JAGADAMMA THANKACHI, PUTHIYALATHU

6. R.UNNIKRISHNAN, LATHAVARRIER,

7. V.O.PRATHAPACHANDRAN NAIR, AMBUJA BHAVAN

8. J.KANAKAMMA, GOPA NIVAS, KUMARAPURAM

9. P.PARAMESWARAN NAIR,......DO.......

10. R.RAMACHANDRAN IYER, MANIANKARA

11. R.VENKITTA KRISHNAN, USHUS.....DO....

12. R.GEETHA, GEETHA BHAVAN.......DO.....

13. M.THANKAMMAL, GEETHA BHAVAN.....DO.....

14. V.NEELAKANTA IYER, T.C.23/1357,

15. R.MALLIKA,........DO.......

16. R.USHA, RAM NAGAR, PAPPANAMCODE,

17. B.VIJAYAMMA, PADMA VIHAR,

18. V.N.PADMAKUMAR,.....DO.......

19. T.V.R.FUND, KARAMANA, THIRUVANANTHAPURAM

20. T.VELAYUDHAN ACHARY, PARTNER,

21. T.RAJAGOPAL, PARTNER, T.V.R.FUND,

                For Petitioner  :SRI.THOMAS ABRAHAM

                For Respondent  :SMT.S.MUMTAZ

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :03/03/2008

 O R D E R
                      J.B.KOSHY & K.HEMA, JJ.
                       --------------------------------------
                        M.F.A.No.126 OF 2007
                       -------------------------------------
                         Dated 3rd March, 2008

                                JUDGMENT

Koshy,J.

Appellant was the auction purchaser of five cents of property

with a building from the Official Receiver. He paid 1/4th of the sale

price. Balance was not paid. Since balance was not paid, Official

Receiver decided to re-auction the building and auction is going to be

conducted tomorrow. According to the appellant, auction should not be

conducted and he did not pay the balance amount in time due to

unavoidable circumstances. It is submitted by the Official Receiver that

all arrangements are made for conducting re-auction tomorrow and it

should not be disturbed. It is also submitted that Official Receiver is

prepared to refund the amount paid by the appellant after deducting the

expenses incurred by him for publishing notice etc. for re-auction.

Learned counsel for the appellant submitted that he is also agreeable for

the above. In the above circumstances, we dispose of this appeal with a

direction that the amount paid by the appellant shall be refunded after

deducting the expenses already incurred by the Official Receiver in

MFA.126/2007 2

conducting re-auction. The statement regarding the same shall be

filed before the Ist Additional District Judge, Thiruvananthapuram.

J.B.KOSHY
JUDGE

K.HEMA
JUDGE

tks

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