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Judgment
The Court: This is an application taken out on behalf of the defendants.
The defendants are admittedly co-sharers and co-owners of the property in question. The defendants have so far paid a sum of Rs.40,20,000/- in
terms of the order dated 6th November, 2017 as modified on 23rd November, 2017. The defendants have also paid the cost for delayed deposit of
Rs.5.20 lacs.
In this application the defendant has prayed for extension of time to deposit the balance amount of Rs.49,05,000/- towards their share after deducting
a sum of Rs.12,75,000/- representing their share in the property.
The petitioner has alleged that the State Bank of India, Paikpara Branch and Punjab National Bank, Salt Lake Branch have raised objection for
sanction of loan in favour of all the defendants as the earlier orders apparently confirmed the sale in favour of the Kalpana Dhur only. It is alleged
that the said banks were insisting for incorporation of the name of the defendant nos.1(b) and 1(c), namely, Tamosha Dhur and Rishav Dhur
respectively in the order dated 6th November, 2017 along with Kalpana Dhur.
This application has been filed by all the defendants. Although by the order dated 6th November, 2017 the sale was confirmed in favour of the
defendants but in the some parts of the order the defendants were described in singular, namely, Kalpana Dhur instead of plural to include the other
defendants. The order dated 6th November, 2017 would unmistakably show that the sale was confirmed in favour of the defendants.
Pursuant to the notice the plaintiff no.3 is present and he is representing all other plaintiffs in this proceeding. The plaintiff no.3 has submitted that
the defendants could have approached this Court soon after the objection has been raised by the banks inasmuch as the petition is silent as to the date
on which the applicant became aware of such objections raised by the banks.
However, considering the explanations offered for not being able to arrange the funds, the time to make payment of a sum of Rs.49,05,000/- is
peremptorily extended till 31st May, 2018. In default, it is needless to mention that the entire amount shall stand forfeited and the joint receivers shall
invite fresh bids without any further reference to the Court.  The earlier order dated 6th November, 2017 stands modified to the aforesaid extent.
It is clarified that the sale was confirmed in favour of the defendants and the banks shall proceed on that basis. The banks shall not insist for a
certified copy of this order but shall act on a server copy to be served upon the banks by the petitioners immediately.
Since no affidavit in opposition has been filed, the allegations are deemed to have been denied.
The application being GA No.693 of 2018 stands disposed of.