DANKUNI STEEL LIMITED Vs. SARAT CHATTERJEE & CO. (VSP) PRIVATE LIMITED & ORS.
LAWS(CAL)-2017-5-49
HIGH COURT OF CALCUTTA
Decided on May 15,2017

Dankuni Steel Limited Appellant
VERSUS
Sarat Chatterjee And Co. (Vsp) Private Limited And Ors. Respondents

JUDGEMENT

TAPABRATA CHAKRABORTY,J. - (1.) The Court :By an order dated 29th July, 2015, the Division Bench of this Court directed the sale of Met Coke by a public auction. Accordingly, public notices were issued on 20th March, 2017 and 21st March, 2017 for the sale of the goods ,i.e. 10000 MT of Met Coke. The Special Officer appointed, had received offers along with 10% of the earnest money deposit from four intending bidders. The Special Officer submitted his report to this Court on 3rd April, 2017 indicating four bids and the prices offered by each of them. M/s.Tycoon Suppliers Private Limited offered to pay 14,000/- per MT for the total quantity of 10000 MT of Met Coke. As this was the highest bid received by the Special Officer, he submitted a report requesting that he may be permitted to sell the Met Coke.
(2.) M/s.Suyati Impex Pvt.Ltd. requested that it should be permitted to bid and by an order dated 24th April, 2017 we had permitted it to participate and deposit the earnest money by 28th April, 2017. It appears that this party failed to deposit the earnest money and therefore, it was not entitled to bid.
(3.) Today, the Special Officer has submitted a fresh report dated 15th May, 2017 placing on record the fact that Suyati Impex Pvt.Ltd. did not participate in the bidding process. Mr.Aniruddha Ray, learned counsel who appeared for M/s.Suyati Impex Pvt.Ltd. has now filed an application on behalf of one Siona Enterprise contending that if an opportunity is given it would be in a position to offer 14,500/- per MT. According to him, a cheque for 14,00,500/-, i.e. 10% of the offer value can be deposited immediately with the Special Officer. Learned counsel prays that the application of Siona Enterprise be allowed and a fresh bid should be permitted to be submitted by M/s.Siona Enterprise.;


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