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2014 Supreme(Mad) 721

S.RAJESWARAN, S.VAIDYANATHAN
Beauline Global Services (P) Ltd. , rep. By its Managing Director – Appellant
Versus
Indian Bulls Housing Finance Ltd. – Respondent


Advocates Appeared:
M.K. Kabir, Senior Counsel for T. Jayaraman, for Petitioner
J.S. Sivanandaraj, F.B. Benjamin George, for Respondents

ORDER

MR. S. VAIDYANATHAN, J.

1. The writ petition was filed originally with the following prayer:

“to issue a writ of mandamus to forbear the 1st respondent from re-auctioning the properties described in the Public Notice for auction sale dated 17.01.2014 on 18.02.2014 or any other date by forfeiting the amount of Rs. 4,45,00,000/- deposited by the Petitioner towards 25% of the sale price in auction held on 30.08.2013, without giving an opportunity to the petitioner to deposit the balance 75% of the sale price after clearance of the encumbrance stated by the 2nd respondent in its letters dated 24.12.2013 and 18.01.2014”.

2. The above prayer stood amended pursuant to the order of this Court dated 04.03.2014 made in M.P. Nos. 3 and 4 of 2014 and the same is as follows:

“to issue a writ of certiorarified mandamus to call for the records of the 1st respondent dated 17.01.2014 for re-auctioning the properties described in the Public Notice for auction sale dated 17.01.2014 on 18.02.2014 or any other date forfeiting the amount of Rs. 4,45,00,000/- deposited by the Petitioner towards 25% of the sale price in auction held on 30.08.2013 and direct the 1st respondent to give an opportunity to th





































































































































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