1990 (12) TMI 326

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of the Gujarat High Court in L.P.A. No. 297 of 1974. The Division Bench of the High Court, by the said Order, confirmed an Order of the learned single Judge who had, in turn, confirmed an Order passed by the executing Court rejecting the appellant's application under Order 21, Rule 90 of the CPC. The question which engaged the attention of the learned single Judge as well as the Division Benc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gh Court, such an application could, if at all, have been presented only by the Official Receiver. In coming to this conclusion, the Gujarat High Court followed certain earlier decisions of the Bombay High Court and dissented from a contrary view taken by the Madras High Court in a number of decisions of that Court. Mr. Dholakia, learned Counsel for the appellant sought to urge before us that the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ction by the decree holders. For effecting this purchase, the decree holders had applied to the Court for permission under Order 21, Rule 72 of the CPC. The executing Court gave the decree holders permission not only to bid the auction but also to bid at a price equivalent to 80 per cent of the upset price that had been fixed earlier for the auction and this had been done without any notice to the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ule 90 it is not sufficient for the appellant to contend that there was an illegality or irregularity in the conduct of the sale; he must also prove by adducing sufficient facts that some substantial injury has been caused to the petitioner as a result of the Order under Order 21, Rule 72 having been passed without such notice. We have been taken through the relevant facts in detail by Sri Dholaki....