1 caf3111-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 3111 OF 2011 IN FIRST APPEAL NO. 250 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr.M. D. Naik for the applicant. Mr. Ajit S. Karwande for the respondent. Mr. A. V. Bandodkar, 2nd Assistant Court Receiver. ..... CORAM : A.S.OKA, J. DATE : AUGUST 9, 2011. P.C.: Not on board. Taken on board. 2. Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents. The prayer made in this application is for setting aside the alleged ex- parte bidding conducted by the Court Receiver. The Application is objected to by the respondent. It is contended that the applicant has declined to 2 caf3111-11 participate in the bidding and, therefore, no indulgence be shown. 3. The applicant has filed affidavit dated 8th August, 2011. The affidavit reads thus: “ I say that I have given up all my objections with regard to valuation report raised in the present application, and accepting the valuation report dated 23/06/11 filed in the present matter. I say that I will attend the meeting that the Court Receiver will be fixed and informed me for bidding for the purpose to appoint highest bidder as an agent of the Court Receiver to run the suit hotel business and I will participate in the fresh bidding.” 4. It is true that the applicant has not participated in the bidding conducted by the Court Receiver. Now the applicant has given up all his objections and desires to participate in the bidding. The applicant through his advocate states that the applicant will remain present before the Court Receiver or the representative of the Court Receiver on the date fixed and will participate in the bidding. 5. In my view, one more opportunity deserves to be granted to the applicant to participate in 3 caf3111-11 the bidding in terms of the earlier order of this Court. 6. Hence, I pass the following order: :: O R D E R :: i. The Court Receiver or his representative shall hold a fresh auction on 26th August, 2011 at 12.00 noon. ii. Both the parties shall remain present before the Court Receiver or their representative and it will be open for them to participate in the bidding in terms of the earlier order of this Court. iii. Application is disposed of on the above terms. iv. The Court Receiver to act upon an authenticated copy of this order. (A.S.OKA, J.)