Auction sale consideration extension denied where bidder failed to comply with earlier indulgence and sought further time.

A bidder in an auction sought a further extension of time to deposit the balance sale consideration after already receiving a 30-day indulgence. The court held that, although it could interfere with settled auction conditions, that discretion had already been exercised once in the bidder's favour and the bidder still failed to comply fully. In those circumstances, the bidder's later willingness to pay did not justify reopening the matter or disturbing the refusal of additional time. The order declining a further extension was therefore maintained, and the relief sought was not granted.

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Issues: Whether the appellant was entitled to further extension of time for depositing the balance auction sale consideration and whether the refusal to grant such extension warranted interference in appeal.

Analysis: The bidder had already been granted one extension of thirty days to pay the entire auction amount after confirmation of sale. The record showed that the bidder still did not comply and remitted only part of the consideration. The Court noted that the auction terms permitted the High Court to interfere with the settled conditions, but that discretion had already been exercised once in favour of the bidder. In those circumstances, the appellant's subsequent willingness to pay did not furnish a basis to reopen the matter or interfere with the Single Judge's refusal to grant a further extension.

Conclusion: The refusal to grant further time for payment was upheld and the appeal failed.

Final Conclusion: The order declining additional time for remittance of the auction amount remained undisturbed, and the bidder was not granted the relief sought.

Ratio Decidendi: Once a court has already exercised discretion to extend the time for payment of auction consideration, a further extension cannot be claimed as of right in the absence of a legally compelling basis, especially where the bidder has not complied with the earlier indulgence.

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