9911796707
TMI Blog1996 (2) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... riginal appellant, Seth Banarsi Dass, was the lessee of S.B. Sugar Mills, Bijnor, in the State of Uttar Pradesh. In respect of sugarcane cess, purchase tax and other Government dues of S.B. Sugar Mills, Bijnor, the Collector, Bijnor, issued a recovery certificate for Rs. 61,48,674.21 against the appellant in his personal capacity. The appellant was the owner of 94,320 equity shares of the face value of Rs. 10 each and 2,260 preference shares of the face value of Rs. 100 each in M/s. Jaswant Sugar Mills Ltd., Meerut. The Company Secretary of M/s. Jaswant Sugar Mills received a prohibitory order dated December 21, 1970, restraining him from permitting any transfer of 94,320 equity shares and 2,260 preference shares held by the appellant in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the amount of Rs. 61,48,674.21 mentioned in the recovery certificate of the Collector of Bijnor was not outstanding; that a sum of Rs. 49,67,101.25 had already been realised by the Collector, Bijnor, through the Punjab National Bank, Bijnor and a revised recovery certificate was also issued. He claimed that full recovery had been effected by then. He also reiterated his objections to the sale of the said shares. None of these objections were decided by the Collector and/or sale officer. In the meanwhile, several attempts had been made to sell the said shares by public auction. None of these attempts, however, succeeded as nobody came forward to buy these shares. On November 24, 1973, a sale proclamation was issued by the sale officer for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16th of January, 1974. The Collector, in the meanwhile, apparently having realised the mistake committed by him, issued a notice to the appellant as well as to the auction purchasers to appear before him on 13th of March, 1974. Thereafter, the Collector heard the parties on various dates in August, 1974. Before he could pass final orders, however, the appellant filed a writ petition being Writ Petition No. 4973 of 1974 before the High Court of Allahabad, inter alia, to restrain the Collector from reviewing or recalling his order dated 16th of January, 1974. An interim order to that effect was issued by the High Court. Both these petitions were heard together and disposed of by a common judgment. The High Court has upheld the validity of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchase money, the officer or other person holding the sale shall grant a receipt for the same, and the sale shall become absolute." Therefore, the officer conducting the sale has the power to grant time to pay the price. In the absence of such facility being given, the auction purchaser must pay the full price at the time of the sale, otherwise the property is liable to be resold. Respondents Nos. 2 and 3 have produced the order of the sale officer dated 2nd of January, 1974, where he has directed respondents 2 and 3 to deposit one-fourth of the sale price, approximately, in the treasury forthwith. This clearly implies that he has given time to the purchasers to pay the balance amount. Respondents 2 and 3 accordingly deposited Rs. 75,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ising between the parties relating to execution, discharge or satisfaction of the claim were required to be determined by the officer in-charge of execution before proceeding with execution by way of sale. The objections, for example, related to the amount which is claimed in the recovery certificate. According to the appellant the amount mentioned in the recovery certificate was not correct because subsequent citation was for a different amount. The appellant had also claimed repayment of various amounts. It was also pointed out by the appellant that the shares were already pledged with the Oriental Bank of Commerce. Yet no notice was given to the Oriental Bank of Commerce and the shares were purported to be sold ignoring the pledge of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compensation determined in accordance with section 7 of the said Act. Reliance is placed on the first proviso to section 3 of this Act in this connection. It is the contention of the appellant that the total compensation payable would be much larger than the revenue dues of the undertaking in respect of which the shares of the appellant were purported to be sold by public auction. Hence there was no necessity for auction sale. This contention is raised for the first time before us. It was not raised before the High Court. Nor is there any factual data in the records before us which would go to show the quantum of compensation to which S.B. Sugar Mills would be entitled under the said Act. We, therefore, decline to examine this submission wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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