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Judgment
G. R. Majithia, J.—Rule returnable forthwith.
Learned counsel for the respondents waives service.
The petitioners have challenged the order No. SW/SPL. AUCTION SALE No. 4/4-1/13429 of 1994-95, dated December 2, 1994 cancelling sale in respect of Lot No. II/567 & 568 sold in Auction Sale No. Spl. A-2.4 of 94-95, dated May 9, 1994, in this petition under Article 226 of the Constitution of India.
The respondents advertised sale by public auction of containers of Polypropylene Film Grade No. 1088 (for short "the said goods"). The petitioners participated in the open public auction held on May 9, 1994. They were declared as highest bidders in respect of the said goods. The price offered by the petitioners was accepted by and on behalf of the respondents. The petitioners were required to pay 20% of the purchase price as and by way of earnest money towards the purchase price of the said goods. The petitioners deposited the earnest money. Upon payment of the same, the auctioneers conducting the sale on behalf of the respondents issued two delivery challans. The petitioners went to make the balance payment which was not accepted on one pretext or the other.
Indisputably, the title in the goods passed on to the petitioners upon the fall of the hammer and the auction sale stood confirmed in favour of the petitioners. This legal position has not been disputed by the respondents. Learned counsel on behalf of the respondents submitted that the auction sale is subject to the clearance by the Customs Department. We are not impressed by the submission made. The respondents have sold the goods and they must hand over the possession of the goods in accordance with the terms and conditions of the auction sale. The petitioners'' counsel submitted that the petitioners will deposit the balance sale price in accordance with the delivery challans.
Consequently, the Rule is made absolute in terms of prayer clauses (a), (b) and (d) excluding the claim for interest in prayer (d).
Learned counsel for the respondents submits that a fortnight''s time be allowed to the respondents to comply with the order. Prayer is allowed.
Certified copy expedited.