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2013 (10) TMI 1147 - HC - Companies LawAuction sale under order 21 Rule 90 CPC – Fraud During Auction - Plaintiff contended that a fraud has been played on the Court by the Court Auctioneer and his associates – Held that:- There is also nothing to substantiate the contention of the plaintiff that the three bidders are nothing but an extension of the defendants - even otherwise, provisions of Order 21 Rule 72 CPC would have no application - None of the arguments raised by the plaintiffs in any way would materially prejudice the plaintiffs - It cannot be said that the auction process suffers from any fraud or material irregularity so as to vitiate the auction process. Application under Order 151 CPC - Extension of Time for Depositing Pre-deposit – Held that:- In view of the injunction orders passed by the Division Bench of this Court on 26.07.2013, the Court Auctioneer rightly did not accept the balance 15% of the bid amount from the applicant - The stay now stands vacated - the time for depositing the balance 15% of the bid amount is extended till today - The applicant may deposit the said amount by cheque in favour of Registrar General of this Court today itself - the balance sale price may also be deposited within 15 days from today as provided in the conditions of sale and subject to other terms and conditions of the proclamation of sale – Decided against Petitioner.
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