Ketineni Sarala v. M/s Turbo Bharath Ltd. (in liqn)
Case brief
What is this about?
Application for extension of time to deposit auction payment. Court granted ten days extension subject to payment of 12% interest and taking delivery within three weeks due to family bereavement.
What did the court decide?
Time extended by ten days subject to payment of 12% interest.
What the court decided
HON’BLE SRI JUSTICE A. RAJASHEKER REDDY COMPANY APPLICATION NO.1271 of 2014 IN
COMPANY PETITION No.151 OF 2009
ORDER:
This application is filed by the petitioner stating that as per the orders of this Court in C.P.No.151 of 2009, the 1st respondent went under liquidation and the properties of the 1st respondent were put to auction. With regard to the same, the Official Liquidator called for tenders by way sealed cover and as per the advertisement the last date for submission of sealed tender was fixed as 19.08.2014 and the tenders would be opened on 20.08.2014 at 3PM in the office of the Official Liquidator.
It is further submitted that the petitioner applied for lot No.5 by way of sealed tender and quoted Rs.7,95,600/- and was declared as highest bidder. Thereafter, the Official Liquidator issued notice dated 23.09.2014 stating that the bid of the petitioner for lot No.5 was accepted by this Court and directed her to pay the balance amount on or before 22.10.2014. The notice of the Official Liquidators discloses that Rs.6,95,000/- is the balance amount to be deposited by the petitioner on or before 22.10.2014. She further submits that though she secured the said amount and intended to deposit the same during the 2nd week of October, 2014, she could not do so, due to health problems and sudden calamity in her family.
Additional affidavit has been filed by the petitioner on 30.10.2014, specifically stating that due to death of her maternal aunt, she went to Kakinada and returned to Hyderabad on 20.10.2014 after performing all the rituals and that is the reason why she could not deposit the amount within the stipulated time. In view of the same, she seeks extension of time for payment of the amount.
Issues for consideration
2 issues framed by the court
Whether the petitioner should be granted an extension of time to deposit the balance auction amount.
What conditions should attach to the extension of time for payment.
Parties & counsel
- applicant
Petitioner
- respondent
1st Respondent
- respondent
Official Liquidator
Coram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · November
- Registered
- Case no.
- COMPA/1271/2014
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