BHASIN FILM CORPORATION Vs. SHALIMAR CINEMA
LAWS(DLH)-1983-1-14
HIGH COURT OF DELHI
Decided on January 10,1983

BHASIN FILM CORPORATION Appellant
VERSUS
SHALIMAR CINEMA Respondents





Cited Judgements :-

GOVIND VITHAL VELGUENCAR VS. VISHNUM GOPAL VELGUENCAR [LAWS(BOM)-1996-6-50] [REFERRED TO]
K J PRAKASH KUMAR VS. RASHEEDA YASIN [LAWS(MAD)-2009-2-142] [REFERRED TO]


JUDGEMENT

G.R.Luthra - (1.)The present application is under Order 21 Rule 90 read with Section 151, C.P.G. (in short Code) for setting aside the sale by auction held on September 1, 1977 on 28/48 shares in an immoveable property known as Shalimar Cinema, Bhogal, New Delhi. The aforesaid sale was held in execution of a decree for Rs. l,44,973.00 passed in favour of M/s. Bhasin Film Corporation, (hereinafter referred to as the decree-holder) against S/Shri Shamimuddin and Nasimuddin (hereinafter referred to as the judgment debtors) each of whom hold a share to the extent of 14/48 in the Shalimar Cinema.
(2.)The sum and substance of the grounds on which the sale is sought to be set aside are as under :
(a) The sale proclamation was neither prepared nor drawn in accordance with the provisions of Order 21, Rule 66 of the Code.

(b) The auction was ordinarily fixed for 29th August, 1977 from which date it was adjourned to 1st September, 1977, without obtaining any leave from the court for the purpose and without announcing on the spot that the auction was so being adjourned.

(c) The value of the property is more than Rs. 20,00,000.00 (the value of the shares of the judgment debtors being about Rs. 10,00,000.00 ) yet the shares of the judgment debtors were sold at a throw away price of Rs. 4,37,000.00 .

(d) There was no proper publication and publicity at the spot to attract the bidders. Therefore, the intending bidders could not take part in the auction.

(e) Shri Siraj-ul-Haq, General Attorney of the other co-sharer was not allowed to bid at the auction on both the dates i.e. 29th August, 1977 and 1st September, 1977. Similarly, other persons were not allowed to bid with the result that the shares of the judgment debtors valuing Rs. 10,00,000.00 could not attract a bid of Rs. 4,37,000.00 only.

(3.)The aforesaid application was contested by the decree-holder. He denied the existence of any of the grounds. It was denied that any of the persons or Siraj-ul-Haq Pracha was prevented from bidding at the auction. It is also denied that the adjournment of the auction from 29th August, 1977 to 1st September, 1977 was not announced at the spot.
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