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1962 Supreme(Online)(Kar) 7

MYSORE HIGH COURT
*K. S. Hegde, M. Ahmed Ali Khan, JJ.
Premier Insurance Co. Ltd. v. Messrs. Bharat Commerce and Industries Ltd.


1. In this appeal, the order of the learned Company Judge (Sadasivayya, J.) dated 24/03/1961, confirming the sale of the Kapila Textile Mills, Nanjungud (in liquidation) held by the Official Liquidator on 18-2-1961, is challenged.

2. The confirmation of the sale is a matter which is essentially within the discretion of the Company Judge. It was observed by a Bench of the Allhabad High Court in Brindaban Agarwala v. Official Liquidator of the Saraswathi Soap and Oil Mills Ltd., AIR 1952 All. 113 that where the property was sold by a public auction by the Official Liquidator subject to the confirmation by the Court, the question whether sale should or should not have been confirmed is a matter which lies within the discretion of the Court and the discretion cannot be interfered with unless sufficient grounds have been disclosed which would justify the conclusion that the Court's discretion was not judicially exercised. In the case before us unless the appellant is able to show that the discretion exercised by the Company Judge is not judicially sound, even if on some aspects we are inclined to take a different view of the matter, yet the order of confirmation will not be interfered w































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