SMT. LAAKSHMI RANA Vs. COLLECTOR AND ANR.

JUDGEMENT

(1.) CHALLENGE in this petition filed under Article 227 of the Constitution is to auction notice dated 2.9.2004 Annexure P -1. It is admitted position that the petitioner has already filed a Civil Suit on 20.1.2004 and her application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for brevity 'the Code') filed along with Civil Suit with a prayer for staying the recovery sought to be made by the respondent -Corporation has already been dismissed on 16.2.2004 by the learned Civil Judge (Jr. Division), Fatehabad. However, no appeal has been filed against the aforementioned order. When the auction notice was issued on 2.9.2004 (Annexure P -1) the petitioner has rushed to this Court for staying the auction of her property which is claimed to be her only house. The plea raised is that under Section 60(1)(ccc) of the Code as amended by this Court the only house of the petitioner could not be attached to satisfy the decree passed by the Court of competent jurisdiction.

(2.) AT the time of hearing, learned counsel was repeatedly asked to deposit Rs. 1 Crore out of the total amount of Rs. 1 Crore 77 lacs plus interest in order to establish the bona fide of the petitioner. However, the petitioner has shown his inability of his client to deposit the aforementioned amount by stating that she is a widow and the industrial unit which used to run by her husband has already been taken over by the respondent -Corporation.