JUDGMENT

S.B. Sinha, J.—

1.Leave granted.

2.Respondent Nos. 5 to 7 herein were partners of a firm known as M/s. Somras Distillers. It ran into arrears inter alia in payment of sales tax.

3.The properties of the partners were attached. A Writ Petition came to be filed by the respondent nos. 5 to 7 inter alia praying for a direction to the sales tax authorities to recover the dues in respect of the said firm from the appellants alone and not from them.

4.As Respondent Nos.1 to 4 intended to put the properties of the partnership firm on auction, the High Court in terms of an Order dated 28.4.2003 directed:

“In so far as item No. 4, namely Plant Machinery of the firm is concerned, we are informed that the upset price fixed is rupees twenty-five lacs and no bidders are coming forward. It will be appropriate if advertisement of auction in relation to this item is given in the national dailies which are widely circulated. The cost of auction as also advertisement shall be payable out of the auction sale proceeds. The auction be conducted within a period of 45 days from today and report of auction in respect of the above mentioned properties be filed before the Court, S.O. to eight weeks.”

5.Purs