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1967 Supreme(Ker) 85

K.K.MATHEW, K.SADASIVAN
K. S. THANGAL – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This is an appeal from an order dismissing an application filed by the petitioner before the court below stating that he is prepared to pay a price of Rs. 30,000 for a building sold by the Official Liquidator appointed in Company Petition No.1 of 1964 of the Quilon District Court, for winding up of a company called "Kundara Enamel Industries". The Official Liquidator was directed by an order of the court to sell certain items of properties and the property with which we are concerned is a building situate in a land on which the company has a kuthakapattom. The court authorized the Official Liquidator to sell the building fixing an upset price of Rs. 50,000. On 14-11-1966 the petitioner had filed a petition stating that he was prepared to purchase the building if it is offered for a reasonable sum. When the property came up for sale, the Government Pleader on behalf of Government, the major creditor, stated that the building can easily be sold for a higher amount but as there were no persons to make the bid at a higher figure the sale was adjourned. The court thereafter reduced the upset price to Rs. 20,000 and this was duly notified and the building was actually sold








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