(2009) 16 Supreme Court Cases 206
K.G. BALAKRISHNAN, CJI., P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.
SECURITIES AND EXCHANGE BOARD OF INDIA – Petitioner
Versus
GOLDEN FORESTS INDIA LIMITED – Respondent
IAs Nos. 60-83, 85-89, 91-97 in TC (C) No.2 of 2004 with IAs Nos. 27, 29-38,40-41 in TC (C) No. 68 of2003, CP (C) No. 74 of 2007 in TC (C) f No.2 of 2004, TC (C) No.1 of 2004 and WP (C) No. 188 of 2004
Decided on : July 29, 2009
[Paras 4 to 6]
ORDER
IA No. 27 in TC (C) No. 68 of 2003
1. The Committee appointed by this Court made proper publication of the sale of certain properties. As regards the following items of properties, several bidders participated in the auction which took place on 6-9-2006:
2. Out of 14 bidders as regards 3 items of properties, the highest bidder d had not deposited 25% of the bid amount in time, therefore, Item 5, School, Village Jhannari, area approx. 19 killas; Item 12, Tourist Resort, Village Billa, area approx. 117 killas and Item 14, Fannland in Villages Kot, Billa and Jaswantgarh, area approx. 700 kill as, are excluded from confinnation.
3. As regards other 11 items of properties, the Committee has stated that as regards Items 3, 6, 7 and 9, it is suspected that sale price was not satisfactory and there might be a possibility of underbidding. But it may be noticed that the very same purchasers are before this Court and filed applications praying that they may be excluded and the same may be con finned, since the sale had taken place in 2006. We are not inclined to accept these contentions.
4. As regards Items 1,2,3,4,6, 7, 8, 9, 10, 11 and 13, the salein respect of these properties are confinned. All these bidders are successful bidders and they are granted six months' time to pay the balance 75% amount. On payment of the entire bid amount, the Committee shall see that the properties are put in possession of these bidders.
5. As regards Items 4 and 10 properties, the purchasers were pennitted to withdraw their deposited amount of 25%. They are directed to deposit the entire bid amount within a period of six months. On deposit of the same, the Committee shall see the properties are put in possession of these parties.
6. If any of the bidders fail to deposit the balance 75% amount within a period of six months, 25% amount already deposited, will be forfeited. IA is disposed of accordingly.
7. IA No. 68 in TC (C) No.2 of 2004 is disposed of in terms of the order passed in IA No. 27 in TC (C) No. 68 of 2003.
IAs Nos. 95 and 96
8. Issue notice to the respondents, a list of which will be furnished by Ms Suruchi Aggarwal, Advocate. List on 6-10-2009.
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