BHASIN FILM CORPORATION Vs. SHALIMAR CINEMA

JUDGEMENT

(1.) The present application is under Order 21 Rule 90 read with Section 151, C.P.G. (in short Code) for setting aside the sale by auction held on September 1, 1977 on 28/48 shares in an immoveable property known as Shalimar Cinema, Bhogal, New Delhi. The aforesaid sale was held in execution of a decree for Rs. l,44,973.00 passed in favour of M/s. Bhasin Film Corporation, (hereinafter referred to as the decree-holder) against S/Shri Shamimuddin and Nasimuddin (hereinafter referred to as the judgment debtors) each of whom hold a share to the extent of 14/48 in the Shalimar Cinema.

(2.) The sum and substance of the grounds on which the sale is sought to be set aside are as under :

(3.) The aforesaid application was contested by the decree-holder. He denied the existence of any of the grounds. It was denied that any of the persons or Siraj-ul-Haq Pracha was prevented from bidding at the auction. It is also denied that the adjournment of the auction from 29th August, 1977 to 1st September, 1977 was not announced at the spot.