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2013 Supreme(Del) 1291

JAYANT NATH
Kusum Kumria – Appellant
Versus
Pharma Venture (India) Pvt Ltd. – Respondent


Advocate Appeared:
For the Plaintiffs:M.S. Ahluwalia, Advocate.
For the Defendant:Anil Airi, Ravi Krishan Chandna, Hemant Manjani, Dhruv Tamta, Rohit Priya Ranjan, Advocates.

Judgment :

Jayant Nath, J.

1. These are the objections filed by plaintiff No. 1 to the auction sale conducted by the Court Auctioneer on 26.07.2013 under Order 21 Rule 90 CPC. As per the report of the Court Auctioneer bid of DKG Buildwell Pvt. Ltd. is the highest at Rs.10.45 crores. This Court on 08.05.2013 had passed an order to conduct the auction of the suit property comprising of basement, ground floor and second floor of property No. W-152, Greater Kailash, Part 1, New Delhi at a reserve price of Rs. 10 crore. Plaintiffs are co-owners of 50% of the property while defendants are co-owners of 50%. The plaintiff had filed an appeal against the said order dated 8.5.2013 being FAO(OS) No. 338/2013. It appears that on 26.07.2013, the Division Bench had passed an interim order staying the auction proceedings. The auction, however, was completed by the Court Auctioneer. Subsequently, the Division Bench on 29.08.2013 permitted the appellant (plaintiff No. 1 herein) to withdraw the appeal. The appeal was withdrawn and the interim order was vacated. The counsel for the appellant (plaintiff No.1 herein) had sought permission to record her objections to the auction conducted pursuant to th

































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