High CourtsDivision Bench(2014) 02 OHC CK 0019

Utkal Electro Castin vs Industrial Promotio

Orissa High Court · Decided on 10 February 2014

HON’BLE JUDGES
A.K. Goel, C.J · Akshaya Kumar Rath, J
CASE NUMBER
W.P.(C) No. 73 of 2013

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Judgment

9 paragraphs · 215 words
1.

On 8.1.2013 the following order was passed:-

"xxx xxx xxx

As an interim measure, this Court directs that the auction process in question may go on but the sale shall not be confirmed without leave of this Court till 15.2.2013 subject to the petitioner depositing a sum of Rs. 10,00,000/- (ten lakhs) in shape of account pay cheque/demand draft in favour of the Registrar Judicial of this Court within a period of one month from today.

xxx xxx xxx"

2.

Learned counsel for the petitioner submits that the petitioner will liquidate the entire outstanding amount by selling the property under a tripartite settlement, subject to such settlement being approved by the opposite party.

3.

Accordingly, we dispose of this petition with a direction that if the petitioner offers to pay the entire amount by arranging a buyer, the opposite party may facilitate the said transaction, subject to the entire amount being directly paid to the opposite party.

4.

This order will apply only if the petitioner is able to arrange a buyer to repay the amount within three months from today.

5.

It is made clear that if the petitioner fails to repay the amount, this petition will be treated to have been dismissed.

6.

The petition is disposed of in the above terms.