Calcutta High Court
Shree Shree Thakur Sudarson Jew & Ors vs Ajit Auddy on 30 March, 2023
Author: Sugato Majumdar
Bench: Sugato Majumdar
OD-10
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
CS/338/1976
IA NO: GA/14/2020 (OLD NO: GA/354/2020)
SHREE SHREE THAKUR SUDARSON JEW & ORS.
VS
AJIT AUDDY
BEFORE:
The Hon'ble JUSTICE SUGATO MAJUMDAR
Date : 30th MARCH, 2023.
Appearance :
Mr. S. P. Majumdar, Adv.
Mr. Ayan Dutta, Adv.
Mr. T. Sil, Adv.
The Court : Learned Receiver is present today and submitted a report.
In the report, it appears that after public notification, three offers were received. One of the offerers, namely, Smt. Maheswari Singh offered 40 lakhs being the highest one but subsequently, sent an outdated cheque. Offers made by other offerers are silent on payment of arrear of land taxes which is about 30 lakhs with penalty and interest.
Learned Receiver also submitted that presently the offerers are not interested to proceed with. He further submitted that the occupiers have shown presently their interest to purchase the property.2
Learned Counsel appearing for the Shebaits submitted that it was unanimous resolution of the Shebaits that the property would be sold by public auction. However, if a better offer comes, the Shebaits may change the resolution and concur to that. In that situation, the Shebaits shall explore whether any other option for sale can be considered which would be more beneficial and which will bring satisfactory sale proceeds for the Shebaits.
The learned Counsel for the Shebaits shall submit affidavit stating therein whether any other way of sale was contemplated or not.
Let the matter appear in the list on 17th May, 2023 for further order.
A copy of the Order may be handed over to the learned Counsel for the Shebaits and the report may be kept on record.
(SUGATO MAJUMDAR, J.) A Dey