K R SARANG Vs. SHRI PADMAVATHY COTTON MILLS

JUDGEMENT

(1.) D. Murugesan, J.

(2.) AS both the writ petitions and writ appeal raise a common issue they are taken up together for disposal by this order. For convenience, the parties are referred as arrayed in W.P. No. 6893 of 2006.

(3.) THE learned counsel appearing for the petitioner had submitted that as against the total sum of Rs.1,80,910/- the petitioner had deposited a sum of Rs.75,000/- even when the writ petition in W.P.No.1262 of 2004 was pending. Further, when the sale was schedule to be held on 4.8.2006, the petitioner offered for payment of the entire amount in installments. As the respondent - Organisation refused to accept the said offer, in fact on 7.8.2006, he expressed willingness to pay the entire amount in lump sum. Without acceding to the said request, the organisation had proceeded with the sale and confirmed in favour of the third respondent. It is also argued that in the sale notice, no upset price was fixed and the sale consideration is far below the actual price regarding the machineries. On the above two grounds, the sale is liable to be set aside.