MANISH TIWARI Vs. DEEPAK CHOTRANI

JUDGEMENT

(1.) This Misc. Petition has been filed under Article 227 of the Constitution of India against the order dated 10.08.2018 and 13.08.2018 passed by the Court below whereby the Executing Court has ordered for initiation of fresh auction proceeding. Being aggrieved by the said orders, the petitioner filed this petition raising grievance that in pursuance to the execution proceedings in respect of the award passed by the Arbitrator, auction proceeding in which the petitioner has participated and his bid being highest one was accepted and, therefore, there was no occasion for the Executing Court to pass the orders impugned and to issue direction for initiating fresh auction.

(2.) The relevant facts are briefly stated here-in-under to appreciate the legal rival contentions urged on behalf of the parties in this petition.

(3.) It is contended by learned counsel for the petitioner that in the impugned order, the Executing Court has not given any reason as to why in the earlier auction proceeding the bid submitted by the petitioner could not be accepted. It is claimed by the petitioner that the auction proceeding earlier held was already completed and he being highest and successful bidder was entitled to be declared as successful auction purchaser and without granting any opportunity to the petitioner, who had a vested right in the property in question, the impugned orders cannot be passed. As per the petitioner in pursuance to the highest bid submitted by him, his request for finalizing the auction was kept in abeyance only for the reason that the objection submitted by the judgment-debtor had to be decided and after the decision of the said objection, no reason was available with the Executing Court directing fresh auction proceeding without cancelling the earlier one. It is also contended by the learned counsel for the petitioner that unless the previous auction proceeding is cancelled for any justifiable reason, fresh auction proceeding cannot be initiated and, therefore, the petitioner by the instant petition is seeking quashment of the orders dated 10.08.2018 and 13.08.2018 passed by the Executing Court and further seeking direction that the Executing Court be directed to finalize the auction proceeding held on 08.02.2018 by accepting the bid submitted by the petitioner. In support of his contentions, the learned counsel for the petitioner has placed reliance on the decisions reported in AIR 1967 SC 608 (Janak Raj Vs. Gurdial Singh and another) and (2001) 6 SCC 213 (Rajendra Singh Vs. Ramdhar Singh and others).