FAO/2/2000 of Sanjay Agarwal Vs SIDICO and Ors. on 29 May 2000

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Petitioner/Appe]]ant

Versus.SIDmo..&..ors.....RespondentOrder with. Signature'.t€resent : M. Arm Sarien and Mr. K T. Bhutia, Advocates for theappellant.Mr. S. P. WangdL Advocate General with Mr. B.K. Rai,Advocate and ,M. Kama Thinlay, Assistant Govt Advocatefor reprndent Nos. I & 2.M. A K. Upadtryaya, Advocate for reapondcht No.4.Heard Admit.Issue notice upon the respondents. M. Wangdi, leanedAdvocate General appearing for reapondent Nos. I and 2 acceptsnotice. M. AK. Upadiryaya accepts notice on behalf of reapndentNo.4. M. S. Namchyo, leaned Advocate accepts notice on behalf Ofreapndent No.5.Issue notice upon reapondent No.3. A cquy of the notice bealso served upon`M. a. Sharng who appeared on behalf of Judgment0- debtor, that is, the reapondsnt No.3 in the Cout below. Mr. Sharmsubmits that he will ascertain from respondent No.3 as to whether therequndent No.3 will engage M. Sharma before this Cout also. M.SharmawillinformtheRegistrytomorrow.Requisites be filed try tomorrow. The appellants sham alsomal[earlangementtoservenoticeuponthereapndentNo.3tyapialmessanger and affidavit of service sliall be filed dy the appellantwithinaweek.Anoticebealsopul)lishedintwoNationalNewspapersin Hindi and Engrsh langiiage having wide circulation in Smin andWest Bengal. The appellaut shall take out notices from the Registryandgetitpublished.

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.Order with Signature

`77.Sale ty public auction.-(1)Where movable property is soldby public auction the price of each lot shall be paid at the timeof sale or a§ soon after as the gfficer or other person holdingthe sale directs, and in default of payment the property shallforthwith be re-sold

(2) Ch payment of the purchase-money, the officer or otherperson holding the sale shall grant a receipt for the same, andthe sale shall 1]ecome absolute.

(3) Where the movable property to be sold is a share in goodsbelonging to thejudgment-debtor, and a coowner, and two ormore persons, of whom one is such coowner, respectively bidthe sane sum for such property or for any lot, the biddingshall be deemed to be the bidding of the corowner.

79. Delivery of movable property, debts and shares.il) Wherethe property sold is movatle property of which actual seizurehas been lnade, it shall be delivered to the purchaser.

(2) Where the property sold is movable property in thepossession of some person otlier than judgmenrdebtor, thedelivery thereof to the purchaser shall be made by givingnotice to the person in possession prohibiting hin fromdelivering possession of the property to any person except thepurchaser.

(3) Whde the property sold is a debt not secued by anegotiable instrument, or is a share in a corporation, thedelivery thereof shall be made ty a written order of the Courtprohibiting the creditor from receiving the debt or any interestthereon, and the debtor from mating payment thereof to anyperson. except the purchaser, or prohibiting the person inwhose name the share may be standing from mating anytransfer of the share to any person except the purchaser, orreeeiving payment of any dividend or interest thereon, and themanager, secretary or othcer proper officer of.the forporatiQnfrom permitting any such transfer or maldng any suchpayment to any person except the purchaser.

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95. Delivery Of praperty in ocoupaney of judgmenndebtor.-Where the immovable.property sold is in the occupaney of thejudgmenndebtor or of some person on his behalf or of some#;so±ce:tl¥t:unth:rfutictl±¥t¥ftysogheJ:gEeut¥:to:=eng:afininffi#:#=#E¥cati¥:nog¥:edp:c±:,ul:r#delivery to be made ty putting such purchaser or any personwhom he may appoint to receive delivery on his' belialf iii`possession of the Foperty, and, if need be, by removing anyperson who refuses to vacarit th-e. same."

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