KUSUM KUMRIA Vs. PHARMA VENTURE(INDIA) PVT LTD

JUDGEMENT

(1.) These are the objections filed by plaintiff No. 1 to the auction sale conducted by the Court Auctioneer on 26.07.2013 under Order 21 Rule 90 CPC. As per the report of the Court Auctioneer bid of DKG Buildwell Pvt. Ltd. is the highest at Rs.10.45 crores. This Court on 08.05.2013 had passed an order to conduct the auction of the suit property comprising of basement, ground floor and second floor of property No. W-152, Greater Kailash, Part 1, New Delhi at a reserve price of Rs. 10 crore. Plaintiffs are co-owners of 50% of the property while defendants are co-owners of 50%. The plaintiff had filed an appeal against the said order dated 8.5.2013 being FAO(OS) No. 338/2013. It appears that on 26.07.2013, the Division Bench had passed an interim order staying the auction proceedings. The auction, however, was completed by the Court Auctioneer. Subsequently, the Division Bench on 29.08.2013 permitted the appellant (plaintiff No. 1 herein) to withdraw the appeal. The appeal was withdrawn and the interim order was vacated. The counsel for the appellant (plaintiff No.1 herein) had sought permission to record her objections to the auction conducted pursuant to the impugned order. The Division Bench had noted that if such right is available in law, the same can be exercised by the appellant. The present application has been filed based on the said permission which was granted by the Division Bench.

(2.) At the outset, learned counsel appearing for the defendants submits that he does not wish to file a reply and would like to argue the same without any reply, based on the record of the case.

(3.) Learned counsel appearing for the plaintiffs has submitted that a fraud has been played on the Court by the Court Auctioneer and his associates. It is stated that despite being informed that the Division Bench has passed a stay order on 26.07.2013, the Court Auctioneer continued with the auction.