The Court, upon consideration of the Advocate Commissioner's interim report, fixed the upset price at Rs. 2 lakhs for two lots of the mortgaged property and posted the matter for public auction on 25.08.2021.
Fixed upset price at Rs. 2 lakhs per lot and posted the matter for auction on 25.08.2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY THE 02ND DAY OF AUGUST 2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
A. No.457 of 2020 in C.S. No.808 of 2018
M/s.Denwood Merchandising and Industries Private Limited, rep. by its Authorised Representative, Mr.P.Deepak Kothari, aged 43 years, S/o.Mr.P.C.Kothari, Chokkani Centre, New No.29, Old No.16, Whites Road, Royapettah, Chennai-600 014. ... Applicant/Plaintiff
-Versus-
K.Irshad Anwer, aged 51 years, S/o.Mr.Akbar Basha, Proprietor, Allied Leather Industries, No.329, Patel Yacoob Street, Fort, Vaniyambadi, Vellore District-635 751. ... Respondent/Defendant
Application praying that this Hon'ble Court be pleased to pass a
final decree in C.S. No.808 of 2018 for sale of the mortgaged properties described in the schedule mentioned hereunder and for applying the sale proceeds in payment of the decreed amount of Rs.1,49,61,659.65 (Rupees one crore forty nine lakhs sixty one thousand six hundred and fifty nine and
paise sixty five only) together with the subsequent interest at the rate of https://hcservices.ecourts.gov.in/hcservices/ 24% per annum and such other cost as may be determined by this Hon'ble
2
Court.
This application coming on this day before this court for hearing in the presence of Mr.K.Surendar, advocate for the applicant herein and Mr.V.Manikandan, Advocate Commissioner appearing in person and upon reading the order herein dated 04.03.2021, and the court made the following order:-
The Advocate Commissioner has filed his interim report along with guidelines value for the suit schedule property. From the report, this Court finds that the guideline value of the suit property is about Rs.107 per square feet and the total extent of the suit property is around 3600 square feet. The approximate value of the suit schedule property is around Rs.3,85,200/-. The proclamation already been issued and the Advocate Commissioner seeks for fixation of upset price and the date of auction.
this Court is of the view that the suit schedule property can be auctioned under two lots, Plot No.44, 1800 square feet, Plot No.45, 1800 sq.ft. Upset price for each lot/plot shall be at Rs.2 lakhs. The acution sale notice shall be widely published on or before 09.08.2021 through handbills and in
anyone of the daily circulated in that locality informing the public about the https://hcservices.ecourts.gov.in/hcservices/ auction on 25.08.2021 at 11 a.m. At the suit property. The successful bidder
3
shall deposit 25% of the bid amount on the same day and the balance within
15 days.
Post the matter on 28.09.2021.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 02ND DAY OF AUGUST 2021.
Sd./-
ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
4
SK
11.08.2021
A. No.457 of 2020 in
C.S. No.808 of 2018
ORDER
DATED : 02.08.2021
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
FOR APPROVAL: 12.08.2021
APPROVED ON: 13.08.2021
Copy to:-
Mr.V.Manikandan, Advocate Commissioner, (Enrl. No.2111/2015) office at 152, Thambu Chetty St., IV Floor, Chennai-600 001.
(Mobile Nos.9003754673
9094790986)
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 02ND DAY OF AUGUST 2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
A. No.457 of 2020 in C.S. No.808 of 2018
M/s.Denwood Merchandising and Industries Private Limited, rep. by its Authorised Representative, Mr.P.Deepak Kothari, aged 43 years, S/o.Mr.P.C.Kothari, Chokkani Centre, New No.29, Old No.16, Whites Road, Royapettah, Chennai-600 014.
... Applicant/Plaintiff
-Versus-
K.Irshad Anwer, aged 51 years, S/o.Mr.Akbar Basha, Proprietor, Allied Leather Industries, No.329, Patel Yacoob Street, Fort, Vaniyambadi, Vellore District-635 751. ... Respondent/Defendant
Application praying that this Hon'ble Court be pleased to pass a
final decree in C.S. No.808 of 2018 for sale of the mortgaged properties described in the schedule mentioned hereunder and for applying the sale proceeds in payment of the decreed amount of Rs.1,49,61,659.65 (Rupees one crore forty nine lakhs sixty one thousand six hundred and fifty nine and
paise sixty five only) together with the subsequent interest at the rate of https://hcservices.ecourts.gov.in/hcservices/ 24% per annum and such other cost as may be determined by this Hon'ble
6
Court.
This application coming on this day before this court for hearing,
and the court made the following order:-
The Advocate Commissioner has filed his interim report along with guidelines value for the suit schedule property. From the report, this Court finds that the guideline value of the suit property is about Rs.107 per square feet and the total extent of the suit property is around 3600 square feet. The approximate value of the suit schedule property is around Rs.3,85,200/-. The proclamation already been issued and the Advocate Commissioner seeks for fixation of upset price and the date of auction.
Post the matter on 28.09.2021.
Sd./-G.J.J. 02.08.2021
//Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies https://hcservices.ecourts.gov.in/hcservices/ of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the fixed upset price for the suit property should be sanctioned and the matter posted for auction.
M/s. Denwood Merchandising and Industries Private Limited
K. Irshad Anwer
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
