LIQUIDATOR, HAMIRPUR DISTRICT COOPERATIVE MARKETING AND CONSUMER SOCIETY LIMITED Vs. STATE OF HIMACHAL PRADESH AND ORS.

JUDGEMENT

(1.) The writ petition filed by the petitioner Society was dismissed by this Court vide judgment dtd. 29/9/2009. As a matter of fact, the petitioner Society had filed two writ petitions being CWP No.200/2005 and CWP No.3/2006. In CWP No. 200/2005, the petitioner Society has challenged the proclamation of sale dtd. 16/2/2005, whereby its properties were sought to be put to auction to recover the amount of Rs.17,74,029.00 . amount was payable to the respondents State towards arrears of sales tax. In CWP No. 3/2006, the petitioner Society had prayed that the respondents be directed to put the entire property of the Society in an open auction and then settle its disputes.

(2.) It appears that the properties of the Society were put to sale in CWP No. 200/2005 and therefore, the petitioner did not press the writ petition and as regards CWP No. 3/2006, the same as observed above, was ordered to be dismissed.

(3.) Since the sale proceeds realized out of the sale amounting to Rs.31,25,000.00 are lying deposited in the registry of this Court, therefore, the petitioner Society has filed the instant application for release of the same.