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1996 Supreme(SC) 1771

G.B.PATTANAIK, K.RAMASWAMY
Motors And Investments – Appellant
Versus
New Bank Of India – Respondent


ORDER

Leave granted.

2. This appeal by special leave arises from the judgment and decree of the Division Bench of the Madras High Court made on October 24, 1990 in OSA No. 148/82. The first respondent-Bank laid the suit for the recovery of mortgage amount by sale of 44 acres of land out of 80 acres belonging to respondents 2, 3 and 7 in this appeal. Pending suit, respondents 2 and 3 were adjudged as insolvents in I.P. No. 15/1978. In consequence, their right, title and interest held in the land stood vested in the official assignee, the 4th respondent in this Court. In insolvency proceedings, the High Court by order dated July 18, 1979 directed the official assignee to sell their interest in 44 acres of land by public auction. Since no one was coming forward to purchase the land in the auction, the appellant had offered Rs. 67,500 and by order of the Court dated July 26, 1982, the Court accepted the appellant s offer of Rs. 77,500/-. By proceedings dated August 18, 1982, the learned Single Judge confirmed the sale. Feeling aggrieved, on appeal, the 7th respondent, in this Court respondent No. 9, had offered a sum of Rs.16,28,000/- and respondent No. 8 had offered a sum of Rs. 1,50,00







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