Allahabad High Court
Netrapal Singh vs Ms Paisalo Digital Ltd And 3 Others on 3 April, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:56808 Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 157 of 2024 Petitioner :- Netrapal Singh Respondent :- Ms Paisalo Digital Ltd And 3 Others Counsel for Petitioner :- R.C. Maurya Counsel for Respondent :- Ashish Kumar Singh Hon'ble Shekhar B. Saraf,J.
1. Heard counsel for the petitioner and the counsel appearing for the respondent No.1.
2. This is a writ petition under Article 227 of the Constitution of India, wherein the petitioner is aggrieved by the inaction on the part of the Commercial Court in handing over the auction sale certificate and the physical possession of the auction property in favour of the petitioner.
3. Counsel for the respondent No.1 submits that respondent No.1 being the award holder has filed the several applications before the commercial court being aggrieved by the fact that the price, on which the auction has been carried out, is much below the actual market value of the property. In light of the same, he submits that the executing court may first decide his applications and only thereafter issue the sale certificate in favour of the petitioner.
4. In light of the submissions made, I am of the view that this petition can be disposed of with a direction upon the Commercial Court concerned to decide the applications filed by respondent No.1 in expeditious manner and thereafter proceed in accordance with law.
5. With the above direction, the writ petition is disposed of.
Order Date :- 3.4.2024 Kuldeep (Shekhar B. Saraf,J.)