1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINDARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1171 OF 2008 NOTICE OF MOTION NO. 1171 OF 2008 NOTICE OF MOTION NO. 1171 OF 2008 IN APPEAL NO. 1235 OF 2001 AND CROSS OBJECTION NO. 2 OF 2001 IN SUIT NO. 1143 OF 1986 HIRALAL GHANSHAMDAS KUKREJA & Ors. ...APPELLANTS VERSUS MOHANLAL GHANSHAMDAS KUKREJA ...RESPONDENT Mr. D.D.Madon, Senior Counsel, i/b. L.J.Law, Advocates, for the Appellants. Mr. R.P.Chhedda, Advocate, for the Respondent. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & J.H.BHATIA,JJ. J.H.BHATIA,JJ. J.H.BHATIA,JJ. DATE: 15th April,2008. DATE: 15th April,2008. DATE: 15th April,2008. P.C. P.C. P.C. 2 1. By consent of the parties, the order dated 28th September, 2007 passed in Appeal No.1235 of 2001 is modified only to the following extent :- (i) Mr. Madon, learned Senior Counsel appearing for the original defendants has stated that on behalf of the defendant No.1 - Hiralal, defendant No.2 - Shankarlal, defendant No.3 - Prem and defendant No.5-Ramesh, only one person will be bidding. The statement is accepted. (ii) The bidding by the Commissioner now will be held between the original plaintiff-Mohanlal and one of the defendants Nos. 1, 2, 3 and 5 who will be bidding for and on behalf of the other defendants. At the end of the bidding, if the representative of the defendants is found to be the highest bidder, the highest bidder will deposit an amount of rupees one crore with the Commissioner. Similarly, if the plaintiff is found to be the highest bidder, immediately he will deposit an amount of rupees one crore. (iii) If the highest bidder fails to deposit the amount of rupees one crore immediately or after depositing the amount of rupees one crore immediately the highest bidder fails to deposit the balance amount as per the order dated 28th 3 September, 2007 and in case the amount of rupees one crore is deposited, that amount will be forfeited. The forfeited amount shall also be paid to the defendants or the plaintiff who succeed in purchasing the property. (iv) The successful bidder who has failed either to deposit the amount of rupees one crore or to comply with the terms of the order will also be disqualified from taking part in the disposal of the property. In that event, the Commissioner shall appoint a valuer from the panel maintained by the Receiver for getting the property valued and the Commissioner shall sell the property to the other party at the value mentioned in the valuation report. -- (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)