9911796707
TMI Blog1999 (2) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... Industrial Investment Bank of India (IIBI) as well as the official liquidator. After advertising the same in four newspapers, only five tenders were received within time on October 30, 1998, the date fixed by the court. One tender, was submitted on the same day but beyond time. On the application of the said party, the court permitted the tender to be taken on record and be considered along with the other tenders. The aforesaid six tenders were opened in the presence of learned counsel appearing for the IIBI, IFCI and the PICUB as well as the official liquidator and the representatives of the parties who had submitted their tenders. Out of the six tenders received, the highest offer was of Rs. 1.12 crores of M/s. Umrao Steels, Kanpur, Howe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the official liquidator to the applications (A-20) and a rejoinder has been filed to the same. I have heard Shri S.P. Pandey, learned counsel for the applicant Mishra, Shri Bhola Nath Singh, advocate for Asif Ansari, Shri R. P. Agrawal, who appeared on behalf of M/s. Umrao Steels as well as the official liquidator. I have also perused the record of this case. Learned counsel appearing for the applicants--Manoj Kumar Mishra and Asif Ansari have strongly contended that the owners of M/s. Umrao Steels have flouted the orders passed by this court inasmuch as on December 15, 1998, they have forcibly taken away 800 tins from the factory worth about Rs. 3 lakhs. In support of the Said allegations, a typed copy of an alleged complaint m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was, therefore, brought to the notice of the official liquidator that the tin-sheets were being stolen from the site and the same be stopped immediately. It is apparent therefore that there is dispute as to who was removing the tin-sheets. From the blank sheet of paper which has been filed as annexure 3 along with the envelope, it would appear from the creases that the same could be contained in the envelope. The blank paper bears the stamp of the office of the official liquidator and the date January 5, 1999. 1, therefore, see no reason to disbelieve the statement made in the affidavit of the official liquidator that no complaint was received from the security guard and a blank sheet was sent in the envelope with ulterior motive. It is al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said applicant Mishra had no locus standi to raise any objections. Similarly, it was contended that the applicant Asif Ansari whose offer was only for lot No. 2 and rejected by the court has no locus standi to seek cancellation of the sale. Having heard learned counsel for the parties, the court finds force in the submission made on behalf of the purchaser and the official liquidator. The applicant Mishra had neither inspected the property nor submitted any tender within the time fixed. The tender of Asif Ansari for lot No. 2 alone was not accepted and his earnest money was returned to him, which he took without any protest. There appears to be substance in the submissions that the present objections were motivated as the applicants havin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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