R.K.MERATHIA, J. - (1.) (I) Chennai Property: As prayed by Mr. Naresh Prasad Thakur, one weeks time is allowed for filing a petition on behalf of heirs of S. Samuel, if they are interested to pursue this matter. Mr. N.P. Thakur, appearing for P. Ravi seeks permission to withdraw from the bid. Let the draft be returned to the party/his Lawyer. (II) Pune Property A: Mr. Ananda Sen, appearing for K.B. Mathew, highest bidder, raises question at this stage, that there are some electricity, municipal and societys dues on the flat, which Mr. Mathew is not required to pay. He relied on Section 55(g) of the Transfer of Properties Act and deletion of Clause 5 of the Sale Notice. 1. On 4.10.2007, the intending purchaser and the secured creditors submitted that it might be difficult for the parties to enquire about the right, title regarding a property, and (Sic) the duty or other dues payable in respect of the properties in question are already covered under the terms of Sale Notice, namely, -"As is where is and whatever there is" basis. The parties were free to inspect properties in question. The inspection not only means the nature and state of the property but also an enquiry whether there are any dues over (sic). In the circumstances, Section 55(g) of the Transfer of Properties Act is not applicable and the parties are liable to pay the dues of the Government/Government instrumentalities, like municipal dues, electricity dues and the dues of society etc.
(2.) ON this Mr. Sen, appearing for Mr. Mathew, submitted that he is agreeable to pay the balance amount by 30th April, 2008 and he will be liable to pay the said dues, if any, directly if and when demanded. Accordingly, Mr. Mathew will deposit the balance amount against the offer of Rs. 25,01,000/ - along with a draft deed of conveyance by 30 th April, 2008. He will also be liable to pay the dues of Government/Government instrumentalities like municipal dues, electricity dues, and also the dues of society etc, if any. The draft of other parties may be returned to them/their Lawyers.
(3.) (III) Faridabad Property: As prayed by the Official Liquidator two weeks time is allowed to file report with regard to the compliance of last order. To which Mr. Krishna Murari, appearing for parties, has got no objection. (IV) Pune Property B: Open bid was held as agreed between the parties on the last occasion, between Girish V. Kulkarni, Reliable Industries, Mittal Brothers and Asha Developers. Mittal Brothers and Asha Developers sought permission to withdraw. As prayed by their counsel, the draft may be returned to them/their counsel. The highest offer of Girish V. Kulkarni is of Rs. 1,65,00,000/ - Mr. Mehta, appearing for Girish V. Kulkarni submitted that the difference of EMD amount will be paid by 15 th April, 2008 and the balance bid amount will be deposited by 16 th June, 2008. ;