LAWS(HPH)-2011-9-206

NARENDER PAL Vs. IMPERIAL BAKERY AND ORS.

Decided On September 15, 2011
Narender Pal Appellant
V/S
Imperial Bakery And Ors. Respondents

JUDGEMENT

(1.) PETITIONER has filed the present petition challenging the order, dated 3.12.2009, passed by the learned Presiding Officer, Fast Track Court, Mandi, H.P., vide which the Court had directed that after deducting the expenses of the sale, 1/4th of the remainder of the amount would be forfeited to the State of H.P. and the 3/4th was ordered to be refunded to the auction purchaser.

(2.) I have heard the learned Counsel for the parties. Brief facts of the case leading to the filing of the petition are that the Petitioner as auction purchaser participated in the auction of the property of the JD and deposited a sum of Rs. 5,20,000/ -at the time of auction and was required to deposit the balance amount and there was a delay of 2 days in depositing the same. The Petitioner had prayed in the application that he was ill and confined to bed and, therefore, could not deposit the amount within time. The Court passed the order for forfeiture of the amount to the extent of 1/4th as detailed above. On being aggrieved, the present petition has been filed.

(3.) WITH the above direction, the petition stands disposed of, so also the pending application(s), if any.