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.
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M.F.A.No.126 OF 2007
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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
