VINAY BASRA Vs. KRISHAN LAL BASRA

JUDGEMENT

(1.) The present petition was filed under Article 227 of the Constitution of India impugning the orders dtd. 19/2/2021 and 5/3/2021 passed by the Executing Court in the execution petition bearing Ex. No.1225/2017, whereby (i) cost of Rs.1,00,000.00 was imposed on the petitioner/judgment debtor no.1(b); and, (ii) the application filed on behalf of the petitioner/judgment debtor no.1(b) under Order XXI Rule 28 of the Code of Civil Procedure, 1908 (CPC) was dismissed.

(2.) In the present proceedings before this Court, inter se bidding between the parties for purchasing the suit property was conducted in terms of which the respondent no.1 was declared successful bidder, having made the highest bid of Rs.5,05,00,000.00 . The respondent no.1 along with one Mrs. Upma Sharma, wife of Mr. Sanjay Sharma, resident of C-65, Inder Puri, New Delhi has deposited a sum of Rs.1,89,37,500.00 with the Registrar General of this Court in respect of the remaining 37.5% share in the property belonging to (i) the petitioner and respondents no. 2 to 6 (jointly holding 16.66% share); (ii) the respondents no. 8 and 9 (jointly holding 16.66% share); and, (iii) the respondent no. 13 (holding 4.16% share).

(3.) When the matter came up before this Court on 7/7/2021, it was ordered as below: