(1.) This appeal is directed against the order dated 9th March 2007 passed by a learned Single Judge on the Receiver's Report accepting the bid of the respondent 6, Ganpatbhai Ishwarbhai Patel, in the sum of Rs.12,60,000/- for the properties bearing Survey No.104 (Part) and Survey No.103, [i.e. Gat No.6 (Part), 14 and 69 (Part)] totally admeasuring 10 acres and 14 gunthas situate at Village Dhimaniya, Taluka Talasari, District Thane (hereinafter referred to as "the said property").
(2.) Grievance of the appellant, who is a decree holder in the suit, is that the sale has been confirmed at a price which is grossly inadequate. Learned counsel for the appellant submitted that one Shailesh Kansara, who was present in the Court, is willing to purchase the said property in question at a sum of Rs.40,00,000/- and to show his bonafide has also deposited Rs.40,00,000/- in this Court in pursuance of the order dated 26th April 2007. Counsel therefore submitted that the learned Single Judge erred in accepting the Receiver's report and the private bid of respondent 6.
(3.) On the other hand, learned counsel for the respondent 6 - the proposed purchaser submitted that the bid made by the respondent 6 has become final and all that is needed is to accept the bid by the Court. He submitted that at the time of auction, no bidder had come forward. The respondent 6 thereafter gave a private bid, which was higher than the only other private bid received and had also deposited the earnest money and further deposited a sum equivalent to 25% of the bid in the year 2004 itself. Unfortunately, the Court Receiver did not submit a report to the Court but on that count the respondent 6 should not be deprived of the purchase the property.