1995 (3) TMI 478

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..... r foreclosure and sale of hypothicated property, pursuant to a preliminary decree, the court receiver sold the hypothica at which the appellant became highest bidder for ₹ 60 lakhs and he paid a sum of ₹ 5 lakhs. The sale was confirmed in his favour on August 29, 1990. Thereafter respondents No.1 and 2 were sought to be impleaded to the suit but denied by the single Judge. On appeal, w .....

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..... ere other offers on the field of a higher denomination and magnitude. Judicial property prevents us from making further comments in respect of the manner His Lordship directed Mr. Gour Roychoudhury, the Receiver to make the choice relating to the intending purchaser with full rights to make a contract with the intending purchaser in the manner it was so done. If there were other offers on the fiel .....

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..... tation to have the sale conducted by the court set aside and that procedure need to be insisted upon, we are of the view that this court or appellate court would not remain a mute or helpless spectator to obvious and manifest illegality committed in conducting court sales. We are informed and it is not dis- puted that the appellant had deposited only ₹ 5 lakhs and balance amount was assured .....

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