Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6697 OF 2016
[@SPECIAL LEAVE PETITION (C) NO. 17102 OF 2016]
DEV NARAYAN MANDAL Appellant (s)
VERSUS
STATE OF U.P. AND ORS Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. In the nature of the order we propose to pass, it
is not necessary to go into the factual details of
this case. There were certain disputes with regard
to the allotment of two plots. The respondents, in
view of the alleged non-diligence on the part of the
appellant, had cancelled the allotment and taken
steps for fresh auction.
3. When the matter came up before this Court on
JUDGMENT
18.07.2016, we directed Respondent Nos. 2 and 3 to go
ahead with the auction, permitting the appellant also
to participate in the auction.
4. An affidavit has been filed on behalf of
Respondent Nos. 2 and 3. It is submitted that the
appellant herein was the highest bidder for both
plots and that the respondents have no objection, in
principle, in granting the bid in favour of the
appellant, being the highest bidder.
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5. Therefore, this appeal is disposed of, directing
Respondent Nos. 2 and 3 to take further steps to
finalise the auction proceedings within 15 days from
today. The appellant shall make the required token
deposit for each plot, after adjusting the amount
already deposited with the authorities. The amount
of deposit will carry interest at the rate of 9% from
the date of deposit.
6. We further make it clear that in the event of
default on the part of the appellant in depositing
the earnest money, as above, or in making the balance
payment as per schedule, the bid shall stand
cancelled and Respondent Nos. 2 and 3 will be at
liberty to go for fresh auction and in that event,
the money deposited by the appellant shall stand
forfeited.
JUDGMENT
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
JULY 25, 2016.
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