11,50,000/ to M s. Kayjay Industries Private Ltd., auction purchasers, who deposited in Court Rs.
7,41,486/ and machinery at Rs.
5,70,000/ and for lot No.
Appeals by special leave from the orders dated February 16, 1970 and August 20, 1970 of the Bombay High Court in First Appeal No.
7,02,000/ total Rs.
On September 2, 1969, the appellant companypany protested against this hurried valuation, but on September 3, 1969 the whole property was sold for Rs.
The District Judge directed the Financial Corporation to get the evaluation of the property made by some expert.
17,47,096/ .
The Bombay High Court, as already stated, rejected the appeal on February 16, 1970 on the ground had numberappeal lay and also on the ground that there was numbermerit in the appeal.
3,04,610/ , building at Rs.
It is stated that M s. Corona Electrical valued land at Rs.
111 of 1969 and 75 of 1965, respectively.
this application was dismissed.
On January 16, 1970.
2183 of 1970 and from the judgment and order dated January 16, 1970 of the Distt.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
152 of 1970 and Civil Application No.
1021 and 1022 of 1971 and 1852 of 1970.
Court, Thana, Bombay in Misc.
75 of 1965 against the appellant companypany and two of its Directors under 35 3 s.31 of the Act for sale of companypany properties mortgaged and for issue of interim injunction restraining the companypany from dealing with these properties.
The appellant Company executed a registered deed of mortgage by, way of security, pledging all lands, buildings, machineries etc.
1021 of 1971, by special leave is directed against the judgment of the Bombay High Court, dated February 16, 1970, dismissing First Appeal No.
Applications Nos.
M. Tarkunde, B. Datia and B. R. Agarwal, for the appel lant in all the appeals .
The District Judge applying the relevant provisions of the Code of Civil Procedure issued various proclamations for sale.
The sale was adjourned to September 3, 1969 but numberpublic numberice of this adjournment was given.
The last one was issued in pursuance of the order dated June 30, 1969 of the District Judge directing that the properties be again put up for sale.
N. Phadke and A. G. Ratnaparkhi, for respondents Nos.
On August 10, 1965, the Finance Corporation filed Miscellaneous Application No.
1 and 2 in all the appeals .
The Judgment of the Court was delivered by SIKRI, C. J. Civil Appeal No.
On February 13, 1970 the appellant companypany filed F.A. No.
An order of attachment or sale of property under this section shall be carried into effect as far as practicable in the manner provided in the Code of Civil Procedure, 1908 for the attachment or sale of property in execution of a decree as if the Financial Corporation were the decree bolder.
5,40,000/ .
On July 28, 1969 a fresh proclamation for the fifth time for sale was issued and on August 20, 1969 a public numberice was published in the Times of India only.
1 was Rs.
152/70 in the Bombay High Court.
K. Daphtary, Bishan Narain, Harish Chandra, S. Jalan and H. K. Puri, for respondent number 3 in all the appeals .
On August 28, 1969, the highest bid for lot No.
