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1941 Supreme(Mad) 148

HORWILL
Ramaswami Reddiar – Appellant
Versus
The Official Receiver of South Arcot – Respondent


JUDGMENT

Horwill, J.

1. This is an appeal against the order of the District Judge of South Arcot setting aside a sale by the Official Receiver of items 1 to 10 of an insolvents property on the 6th May, 1938.

2. The Official Receiver in the due course of his administration of the assets of the insolvent held a sale on the 30th August, 1937 which was duly advertised. The highest bidder was the appellant; and the sale was knocked down in his favour for Rs. 113, of which he deposited Rs. 32 at once and a further Rs. 81 on the 13th September, 1937. In accordance with the practice of the Official Receiver, he said that the sale in the appellants favour would be subject to such further bids as might be offered by creditors. He appears to have sent notices to the other creditors telling them that if they did not make any higher bids, the sale would be confirmed in the appellants favour. On the 4th September, 1937 the respondent sent an offer to the Official Receiver which reached him on the 6th September, 1937. The money should have been deposited within seven days of the 6th September, 1937, that is, on or before the 13th September, 1937. The money was not, however, paid, and the Official Re




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