S. Soundararajan And Ors. vs Khaka Mahomed Ismail Saheb Of Messrs. ... on 1 August, 1939
8. The observations of the learned Judges in that case are pertinent in the present context:
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In The Matter Of Taj Clay Works Ltd. vs Official Liquidator, High Court Of ... on 1 October, 1959
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Rowthmall Neopani Through Their ... vs Nagarmall Madan Gopal Represented By ... on 13 October, 1939
As pointed out by a Division Bench of the Madras High Court in Rowthmall Neopani v. Nagar-mall Madan Gopal, 1940-1 Mad LJ 107 : (AIR 1940 Mad 179), the section can only mean that the liquidator can finally dispose of the property once he has got the sanction of the court, and it does not mean that he has power merely to invite offers and to submit them to the court for approval.
Brindra Ban Agarwala vs Official Liquidator Of The Sarswati ... on 14 September, 1951
It is evident that he put forward his offer only when he came to know that the property was going to be sold to somebody else. On analogous facts, the same conclusion was reached by a Division Bench of the Allahabad High Court consisting of Mootham and Sapru, |J. in Brindra Ban Agar-wala v. Official Liquidator, Saraswati Soap and Oil Mills Ltd., . There the learned Judges stated that when property is sold by an Official Liquidator subject to confirmation by the court, the subsequent offer of a higher hid should not be a ground for refusing confirmation of the sale provided the price is adequate.
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