Patna High Court - Orders
In The Matter Of M/S Shivam Plantation ... vs Shivam Plantation Private Ltd. on 22 March, 2018
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Company Petition No.3 of 2003
======================================================
In The Matter of M/S Shivam Plantation Private Ltd. (In Liquidation)
.... .... Petitioner/s
Versus
Shivam Plantation Private Ltd.
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. R.A.Singh
Mr. Gopesh Kumar
For the Respondent/s : Mr. Nilesh Kumar
Mr. Kalyan Shankar
Mr. S.A.Hussain
======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
70 22-03-2018OLR NO.18 of 2018 Standing trees belonging to the Company at Bihta were put to auction salein which Sri Lal Narain Singh and Sri Ghanshyam Das Agrawal participoated. Sri Ghanshyam Das Agrawal offered Rs.5,51,000/- who was declared as highest bidder as Sri Lal Narain Singh has offered Rs.5,41,000/- i.e. Rs.10,000/- below Sri Ghanshayam Das Agrawal.
Vide order dated 15.12.2016 this Court directed Sri Ghanshyam Das Agrawal to deposit Rs.5,51,000/- within 15 days. In failure the security amount will be forfeited and offer will be switched over to the second highest bidder, namely, Sri Lal Narain Singh. Shri Ghanshyam Das Agrawal did not turn up to deposit the auction amount of Rs.5,51,000/-. In that Patna High Court COM PET No.3 of 2003 (70) dt.22-03-2018 2 circumstances, the Official Liquidator has sent reminder vide letter dated 13.7.2017 informing him to deposit the auction sale amount of Rs.5,51,000/- even then he did not turn up and simultaneously on the same day Sri Lal Narain Singh was given a letter dated 13.7.2017 mentioning therein that Sri Ghanshyam Das Agrawal failed to deposit the auction amount and as Sri Ghanshyam Das Agrawal has failed to deposit the amount, offer was extended to Sri Lal Narain Singh who also did not turn up to deposit the amount what he had offered and in pursuance thereof present application has been filed for taking order for forfeiting of security amount deposited by them.
In such view of the matter, final reminder should be given to both the parties narrating the fact and if they would fail to give response the security deposit will be treated to have been forfeited.
On the same date the property at Siwan and Purnea were also put in auction. Sri Lal Narain Singh was sole offerer. He had given offer to purchase the property at Siwan for Rs.30,000/- whereas he had offered Rs.1,67,000 for Purnea property even then he has not turned up to deposit the said amount.
Patna High Court COM PET No.3 of 2003 (70) dt.22-03-20183
In such view of the matter, the reminder should also be given to Sri Lal Narain Singh for deposit of the said amount. In failure to give information his security amount will be treated to have been forfeited.
Accordingly OLR No.18 of 2018 is disposed of.
(Shivaji Pandey, J) Vinay/-
U