- (1.) Leave granted.
(2.) The appellant is before this Court, aggrieved by the order dated 02.02.2016, whereby the request made by the appellant for enlargement of time for deposit of the amount ordered by the High Court was rejected.
(3.) By order dated 23.12.2015, the High Court had passed the following order in respect of the subject matter :- ".....On going through the impugned order, in order to see the Financial Institution gets its substantial repayment fo the dues, we are of the opinion the following conditional order would justify the situation : (i) In case the purchaser of the appellant deposits with the Registrar, Original Side of this Court a sum of Rs. 25 Lac as directed by learned Single Judge on or before 28.12.2015, the appeal shall be listed on 05.01.2016, for hearing. (ii) If the purchaser of the appellant fails to deposit with the Registrar, Original Side of this Court as indicated above the respondent/financial corporation is at liberty to confirm the sale in favour of the private respondent who has come forward to purchase the property of the appellant at Rs. 1,88,50,000/- (Rs. one crore eighty eight lac fifty thousand only) and has already deposited 10% of the same way back in September 2015. (iii) If the condition at clause (i) is complied with, when the matter appears before the Court on 05.01.2016 there shall be a bidding between the purchaser of the appellant and the purchaser who has already bid in the public auction and no third party is entitled to participate in the said bid to be held in Court with a bench price of Rs. 2 crore. The highest bidder whosoever bids beyond Rs. 2 crore shall be entitled to purchase the property. In case the purchaser of the appellant does not participate in the bid the amount of Rs. 25 lac shall be forfeited and further the sale shall be confirmed in favour of the present purchaser in auction at Rs. 1,88,50,000/- (Rs. one crore eighty eight lac fifty thousand only). Supplementary affidavit filed in Court today is taken on record.";