S.Banerjea, J. - (1.) This application was taken out by Chiranjilal Dhiman and others in the appeal against the order of a learned Judge of this Court taking company matters passed on 18th March, 1993 regarding a sale held by the Court which has been confirmed in favour of the respondent No. 2 at a price of Rs. 7 lakhs in regard to the share of Gurudeb Dhiman and others the heirs of the judgment debtors Meher Chand and Keher Chand Dhiman.
(2.) The petitioners asked for an order before the trial Court inter alia, for setting aside the sale dated 26th February, 1993 in favour of the respondent No. 2 under order 21 Rule 89 of Code of Civil Procedure and a direction upon the Official Liquidator to convey the half share of the premises Nos. 113 and 115 Benaras Road, Howrah in favour of the applicants and also for an order staying further proceedings in execution of the misfeasance decree until further order of the Court.
(3.) By an order dated 27th March, 1992 passed by a learned single Judge of this Court, the share of Meher Chand Dhiman and Keher Chand Dhiman in the properties being premises Nos. 113 and 115 Rectums Road, Howrah was put up for sale, being undivided J share of the said property being premises Nos. 113 and 115, Benaras Road, Howrah. It is stated by the applicants that they made an offer of Rs. 10 lakhs in respect of said undivided share in the said premises. The said offer was not, however, accepted by the Court and the matter was again directed to appeal for sale on 24th April, 1992. On 24th April, 1992 the matter again appeared and the applicants being represented by their Advocate were ready to make the offer, but the sale was not concluded on that date. As stated in the petition, in the meantime an application was taken out by Gurdev Dhiman son of said Meher Chand Dhiman since deceased for stay of the sale of the shares of Meher Chand Dhiman and Keher Chand Dhiman being undivided share in the said premises Nos. ll3 and 115 Benaras Road, Howrah hereinafter referred to as the said premises. On the said application the sale was stayed until hearing of the application. The matter was ultimately beard by another learned single Judge of this Court on 2nd June, 1992 and by a judgment and order dated 23rd November, 1992 the applications of Gurdev Dhiman as also of the applicant had been disposed of.;