UNIVERSAL COMPTRONICS Vs. HARYANA FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This order will dispose of C.M. No. 19986 of 1989 C.M. No. 19987 of 1987 and C.M. No. 20352 of 1989.

(2.) In C.M. No. 19986 of 1989 a prayer was made that the auction sale of the company's property fixed for Dec. 6, 1989 be stayed. On Dec. 4, 1989,1 passed the following;

(3.) Thereafter, another application C.M. No. 20352 of 1989 was moved for bringing the facts to the notice of the court that the auction was conducted despite the restraint order. An interim order was passed on June 7, 1990 that the sale price amounting to Rs. 53.85,000.00 deposited by the auction purchasers be refunded to them. The conduct of respondent No. 1 in auctioning the property of the petitioner despite the restraint order deserves to be deprecated. I do not want to take any action against the officer of respondent No. 1 under the Contempt of Courts Act since learned counsel for respondent No. 1 adopted a very straight forward attitude. He submitted that the counsel who appeared for respondent No. 1 when the restraint order was passed did not communicate the order to it and auction was conducted in ignorance of the order. The conduct of respondent No. 1 deserves to be condemned. However, in view of the very fair attitude adopted by Shri N.K. Kapoor, learned counsel for respondent No. 1. I do not want to take any further action. The auction amount has already been refunded to the auction purchasers under the orders of this court dated June 7. 1990 passed in Civil Misc. No. 20352 of 1989.