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1998 Supreme(Mad) 1688

S.S.SUBRAMANI
H. M. Noordeen – Appellant
Versus
J. M. Sultan – Respondent


Advocates Appeared:
For the Petitioner:Ravindran, Senior Counsel, for V. Viswanathan, Advocate.
For the Respondent:F.A. Rasheed, S. Abdul Samath, Advocates.

Judgment

1. The very same petitioner came to this Court on an earlier occasion in C.R.P.No.2765 of 1997, seeking to set aside the order of Scheme Court on 23.9.1997. At that time, I did not admit the revision petition on the ground that the remedy of the petitioner lies only before the civil court by filing a review application. Petitioner is a successful bidder of the auction held on 22.7.1997 which entitles him to have the entire hundial collection of the Nagore Dargha for the months of September and October, 1997. He bid in the auction for Rs.29,80,000. He was asked to deposit a sum of Rs.14,77,500 being 50% of the bid amount after deduction a sum of Rs.25,000 which was already deposited at the time of participating in the bid. For the remaining 50% of the amount, he was asked to furnish necessary security, which was also made. The period of collection is from 1.9.1997 to 31.10.1997. While petitioner was making the collections, third respondent filed I.A.No.58 of 1997 on 29.8.1997 falsely alleging that the petitioner has not deposited the security amount for 50% of the bid amount, and prayed for cancellation of the auction. It seems that this I.A.No.58 of 1997 filed by third resp




















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