STATE BANK OF INDIA, INDUSTRIAL ESTATE, CHANDIGARH THROUGH ITS BRANCH MANAGER Vs. ROCKY TYRES THROUGH S.P. GANDHI AND ANOTHER

JUDGEMENT

(1.) THIS appeal is directed against the order of the executing Court dated October 31, 1985, where by the objections filed under Order XXI Rule 90, Code of Civil Procedure, (hereinafter called the Code) by the D. H. for setting aside the sale have been dismissed.

(2.) THE relevant facts are that the State Bank of India obtained the decree dated April 7, 1976, against M/s Rocky Tyres through S. P. Gandhi, the sole proprietor, for a sum of Rs. 5,43,239.28 out of which a sum of Rs. 17,840/ - was paid by the judgment -debtor. The decree -holder moved an application for attachment and sale of movable and immovable property of the judgment -debtor. After long proceedings, the property was attached vide order dated August 13, 1976, and the actual attachment was made on August 24, 1976, which included the plot No. 360 -61, Industrial Area, Chandigarh, the building constructed thereon and the machinery installed therein. After the attachment, the machinery being the movable property, was handed over on supardari to one Miss Raj Rani.

(3.) AFTER the case was remanded to the executing Court, the said four auction -purchasers on whose behalf the statement was made in this Court in F. A. O. No 597 of 1979, that the appeal be accepted and the order sanctioning the auction -sale be set aside, also moved an application dated August 29, 1985, purporting to be under Order XXI Rule 91 of the Code in the executing Court, for setting aside the auction -sale and refunding the purchase money. Not only that, they also moved another application which is still pending adjudication for refund of the auction -money deposited by them.