SWADESH RUBBER INDUSTRIES Vs. SARDAR SINGH

JUDGEMENT

(1.) These four connected Appeals Nos. 685 of 1993, 656 of 1993, 686 of 1993 and 655 of 1993 arising out of two Civil Writ Petitions Nos. 2546 of 1988 and 2543 of 1988 are being disposed of by a common judgment passed in LPA No. 685 of 1993. Both the writ petitions were disposed of by a common judgment passed by the learned single Judge on 16/07/1993.

(2.) In brief, the facts, on the basis of which the writ petitions were filed are as follows:- Writ Petition No. 2543 of 1988 was filed by one Surinder Singh challenging the order dated 10/02/1988 contained in Annexure P-6 passed by the Commissioner, Hissar by which the bid in an auction given by Surinder Singh was not accepted and fresh auction was directed. M/ s. Anjani Grinding Industries situated at Industrial Area, Hissar took a loan from the Haryana Financial Corporation. Since the loan was not paid, a certificate of recovery for Rs. 4,98,632.86 was issued by the Collector, Chandigarh under S. 3(l) of the Haryana Public Moneys (Recovery of Dues) Act, 1979.

(3.) Sanction was obtained for the sale of the property in dispute after completing the various formalities. Proclamation for sale of the property in question was issued for 27th of January, 1988. The property sought to be sold was land, building and machinery of M/s. Anjani Grinding Industries. The Haryana Financial Corporation on 21/09/1987 had got the value of the property assessed which was sought to be auctioned at Rs. 7.6 lacs.