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1981 Supreme(HP) 30

H.S.THAKUR
STATE BANK OF PATIALA – Appellant
Versus
CHOHAN HUHTAMAKI (INDIA) PVT. LTD. – Respondent


Advocates Appeared:
For Petitioners:Shri K. D. Sud, Advocate. For Respondent:M/s K. S. Thapar and Deepak Thapar and Shri S. S. Kanwar, Advocates for Auction: purchaser.

JUDGMENT

H. S. Thakur, J.—This is an application filed by Shri Rishi Kumar Kapila son of Shri Khushi Ram, resident of Kapur Lodge, Solan, under Order 21, rules 79 and 81 of the Code of Civil Procedure praying that the order for vesting the property in the petitioner and also the direction to the auctioneer be issued, for the delivery of possession of the property purchased by him in the auction. It is stated in the application that Shri Devinder Gupta, Advocate, was appointed as auctioneer by this Court and held the auction of the property, mentioned in Annexure A attached to this petition, on 10-5-1981. The petitioner was the highest bidder in respect of certain properties and paid l/4th of the sale price at the fall of the hammer on that day. The petitioner was allowed 15 days time to deposit the balance of the sale price in Court. The highest bid given by the petitioner was in the sum of Rs. 1,30,000. He has paid a sum of Rs. 32,500 at the fall of the hammer and the remaining amount of Rs. 97,500 was deposited by him vide challan No. 23 dated 25-5-1981, and the receipt of the same has been issued in his favour. It is claimed by the petitioner that he is entitled to the actual de






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