UJAGAR SINGH Vs. PARMESHWARAN RANI AND OTHERS

JUDGEMENT

(1.) Petitioner-Judgment debtor is aggrieved of the impugned order dated 15.03.2013, whereby, in pursuance to the Award dated 11.05.2010 passed in MACT Case No.64 of 2008, the property has been put to auction and the objections for setting aside the auction and sale, have been dismissed.

(2.) Mr. Namit Gautam, learned counsel appearing on behalf of the petitioner-judgment debtor submits that auction purchaser has not complied with the provisions of Order 21 Rule 85 of Code of Civil Procedure (hereinafter referred to as "CPC") inasmuch as that auction of the property after the attachment order was held on 14.11.2012. Though the auction purchaser deposited 25% of the sale consideration but the remaining amount was required to be deposited on 15th day from the date of the sale of the property and 15th day expired on 28.11.2012. He deposited the balance sale consideration beyond 15th day which is evident from the report of collector dated 16.02.2013 and thus, urges this Court for setting aside the auction in view of the provisions of Order 21 Rule 86/87 CPC.

(3.) Per contra, Mr. Jaswinder Singh Advocate for Mr. P.S.Khurana, learned counsel appearing on behalf of respondent No.8/auction purchaser submits that the onus is on the petitioner to prove that there was noncompliance of the aforementioned provisions of law and thus, urges this Court for affirming the findings rendered in the impugned order.