Rajiv Sahai Endlaw, J.

1. The plaintiff in this suit, inter alia for recovery of Rs.5,37,50,000/-with interest, seeks judgment on admissions. The defendant while contesting the said application also seeks release unto itself of the said amount lying deposited in this Court together with interest accrued thereon.

2. It is not in dispute:

(i) that the defendant on 06.06.2008 got published in the newspapers a notice of public auction to be held on 25.06.2008 of various residential and industrial properties as per orders of this Court and the description in the said notice of one of the properties with which the suit is concerned was as under:

S. Description of Property Reserve Price No.

Property No.E-16/B-1,

Mohan Co-operative

Industrial Area. An

Industrial Building on Plot Rs.10,00,00,000/- area admeasuring 1428

Sq. Yds. Covered Area

24300 Sq.ft approx.

“Note: All the above properties can be inspected by all intending purchasers between 11.00 A.M. and 3.00 P.M. on 10th, 15th, 17th and 22nd June, 2008” The other contents of the said notice, relevant for the present purpose, were as under: “1. The properties are being sold by the Auctioneers under Instructions from the National Ag