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1989 Supreme(Mad) 425

PADMINI JESUDURAI, SATHIADEV
Ashok Kumar Kedia – Appellant
Versus
Balaji Builders and Another – Respondent


Appearing Advocates:Vedantham Srinivasan, R.G.R. Prasad, P. Balachander, Advocates.

Judgment :-

These petitioners are filed to set aside the Order dated 20-4-1989 in O.S. No.87 of 1989 and to implead the petitioner herein as second respondent in the appeal. O.S. No.87 of 1989 came to be filed against the order in Application No.1385 of 1989 in Application No.5578 of 1988 in C.S. No.34 of 1983. It was in Application No.5578 of 1988, the highest offer made by the appellant at Rs. 23,00,000/- was accepted, and it was directed to deposit the amount with the plaintiff Bank on or before 10-3-1989, and that the plaintiff could appropriated Rupees 15,00,000/ - as per order dated 26-7-1988. The remuneration of the auctioneer was fixed at Rs. 50,000/-. Thereafter the appellant filed Application No.1385 of 1989 asking for extension of time till 5-4-1989 for paying the balance amount stating therein the reasons which had necessitated the request for extension of time. This was rejected by a cryptic order "no grounds to extend time are made out. Dismissed." It is against this Order dated 14-3-1989, O.S.A. No.87 of 1989 was filed and it was allowed for reasons stated therein by taking note of the fact that amounts had since been deposited. It is thereafter these petitions are f














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