TMI Blog1990 (12) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... vision Bench of the High Court, by the said Order, confirmed an Order of the learned single Judge who had, in turn, confirmed an Order passed by the executing Court rejecting the appellant's application under Order 21, Rule 90 of the CPC. The question which engaged the attention of the learned single Judge as well as the Division Bench was primarily the question as to whether the appellant was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esented only by the Official Receiver. In coming to this conclusion, the Gujarat High Court followed certain earlier decisions of the Bombay High Court and dissented from a contrary view taken by the Madras High Court in a number of decisions of that Court. Mr. Dholakia, learned Counsel for the appellant sought to urge before us that the Madras view is preferable to the Bombay view and that we sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decree holders had applied to the Court for permission under Order 21, Rule 72 of the CPC. The executing Court gave the decree holders permission not only to bid the auction but also to bid at a price equivalent to 80 per cent of the upset price that had been fixed earlier for the auction and this had been done without any notice to the petitioner. Mr. Dholakia contended that this constitutes a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t there was an illegality or irregularity in the conduct of the sale; he must also prove by adducing sufficient facts that some substantial injury has been caused to the petitioner as a result of the Order under Order 21, Rule 72 having been passed without such notice. We have been taken through the relevant facts in detail by Sri Dholakia but we are unable to find any such overwhelming circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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