VIJAY KUMAR KAPOOR Vs. ANITA JAIN

JUDGEMENT

(1.) EA No. 668 of 2011 is an application by M/s. Yusuf Engineering Company Private Limited (`YECPL') under Order XXI Rule 90 of the Code of Civil Procedure, 1908 (`CPC') for setting aside the sale/auction of the property bearing No. A-24, Okhla Industrial Area, Phase-I, New Delhi - 110020, arising out of the order dated 30th September 2011 passed by this Court. EA No. 669 of 2011 is by YECPL seeking stay of further proceedings in respect of the said auction. EA No.5 of 2012 under Order XXI Rules 94, 95 and 96 CPC has been filed by is by Mr. Manish Katyal, auction purchaser, seeking confirmation of the sale, for issuance a sale certificate and for handed over the vacant and peaceful physical possession of the property in question by the Court Commissioner.

(2.) THE background to these applications is that Execution Petition No. 135 of 2010 has been filed by the Decree Holder (`DH'), Mr. Vijay Kumar Kapoor, for execution of the Award dated 6th January 2010 passed by the sole Arbitrator in the dispute between the DH and Ms. Anita Jain, Proprietor of M/s. Ambica Research and Development, Judgment Debtor (`JD') whereby the JD was held liable to pay the DH Rs.21,01,875.37 together with simple interest at 9% per annum from September 2006 till payment and costs of Rs.50,000. Notice was directed to be issued in Execution Petition No. 135 of 2010 on 18th May 2010. On 26th August 2010 this Court passed the following order:

(3.) THE report of the Court Auctioneer dated 16th November 2011 stated that in all four bidders participated in the auction. Paras 7 and 8 of the said report reads as under: