- (1.) Mr. N.K. Kappor, Advocate, who has to appear for the Haryana Financial Corporation has gone out of the State. Adjournment is prayed for and the same is not opposed by the learned counsel for the petitioner and the auction purchaser.
(2.) However, interim directions are necessitated in the instant case to avoid hardships to the parties. The auction sale was conducted contrary to the orders passed by this court on 4-12.1989. I have also already issued notice to show cause why contempt proceedings be not initiated against the defaulting parties. In the meantime I think it will meet the ends of justice if the Haryana Financial Corporation is directed to refund the auction amount of ? 53,85,000/- to the auction purchaser within one week from the date of receipt of copy of the order passed today. The Haryana Financial Corporation is further directed to restore the position with regard to the attached property as it existed before December 4, 1989. Mr. Sibal represents that if the property is sold by private negotiation it can fetch more price than what has been offered by the auction purchaser. Mr. Sibal is allowed two months' time to offer a better price than the one at which auction sale was conducted by the Haryana Financial Corporation. In case Mr. Sibal is not able to procure a better offer than the one made by the auction purchaser then the sale in their favour will be considered for confirmation on that day. The auction purchaser's claim for interest, damages is kept open and will be adjudicated upon at the time of final disposal of this petition. Adjourned to 23-8-1990. Ordered accordingly.;