IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 MFA.No. 126 of 2007() --------------------- AGAINST THE ORDER DATED / / IN IA.2006/06,1731/06,3054/06 IN OPIP.2/1989 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... APPELLANT: ADDL.CP-21 IN IA.NO.2006/06/PETITIONER IN IA. 1731/06 & --------------------PETITIONER IN IA. NO.3054/06 M.M.BASHEER, SAHANA MANZIL, MARKET ROAD ATTINGAL, REPRESENTED BY POWER OF ATTORNEY HOLDER, F.SHAMSUDHEEN, S/O.FAKRUDHEEN RESIDING AT RAINBOW GOLF LINK ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.THOMAS ABRAHAM SRI.K.B.ARUNKUMAR RESPONDENTS: PETITIONER IN IA.NO.2006/06 & COUNTER PETITIONERS ------------------------- IN IA. NOS. 1731/06 AND 3054/06. 1. THE OFFICIAL RECEIVER, THIRUVANANTHAPURAM DISTRICT COURT, THIRUVANANTHAPURAM. 2. G.D.PILLAI, REMA NIVAS, PAPPANAMCODE, THIRUVANANTHAPURAM. 3. J.HYMAVATHY THANKACHY, W/O.C.S.NAIR, AAYILLIAM, MUDAVANMUGHAL, POOJAPPURA, THIRUVANANTHAPURAM. 4. R.G.SHEELA, W/O.GOPINATHAN, 'DEEPTHI', TC 6/184, NAMBAVANKAVU, KODUGANOOR P.O. VIA. VATTIYOORKAVU, THIRUVANANTHAPURAM. 5. B.JAGADAMMA THANKACHI, PUTHIYALATHU AYIRA P.O., PARASSALA, THIRUVANANTHAPURAM. 6. R.UNNIKRISHNAN, LATHAVARRIER, KODUGANOOR P.O., VIA. VATTIYOORKAVU, THIRUVANANTHAPURAM. M.F.A. NO.126/2007 7. V.O.PRATHAPACHANDRAN NAIR, AMBUJA BHAVAN KURAVANKONAM, KOWDIAR P.O., THIRUVANANTHAPURAM. 8. J.KANAKAMMA, GOPA NIVAS, KUMARAPURAM MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 9. P.PARAMESWARAN NAIR,......DO....... 10. R.RAMACHANDRAN IYER, MANIANKARA THOPPU, PAPPANAMCODE, THIRUVANANTHAPURAM. 11. R.VENKITTA KRISHNAN, USHUS.....DO.... 12. R.GEETHA, GEETHA BHAVAN.......DO..... 13. M.THANKAMMAL, GEETHA BHAVAN.....DO..... 14. V.NEELAKANTA IYER, T.C.23/1357, THYVILA LANE, THAMPANOOR, THIRUVANANTHAPURAM. 15. R.MALLIKA,........DO....... 16. R.USHA, RAM NAGAR, PAPPANAMCODE, THIRUVANANTHAPURAM. 17. B.VIJAYAMMA, PADMA VIHAR, PAPPANAMCODE, THIRUVANANTHAPURAM. 18. V.N.PADMAKUMAR,.....DO....... 19. T.V.R.FUND, KARAMANA, THIRUVANANTHAPURAM INSOLVENT - REPRESENTED BY IT'S MANAGING PARTNERS, T.VELAYUDHAN ACHARY AND RAJAGOPAL. 20. T.VELAYUDHAN ACHARY, PARTNER, T.V.R. FUND, INSOLVENT KARAMANA, THIRUVANANTHAPURAM. 21. T.RAJAGOPAL, PARTNER, T.V.R.FUND, INSOLVENT, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SMT.S.MUMTAZ SHAMSUDDIN - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.126 OF 2007 ------------------------------------- Dated 3rd March, 2008 JUDGMENT Koshy,J . Appellant was the auction purchaser of five cents of property with a building from the Official Receiver. He paid 1/4th of the sale price. Balance was not paid. Since balance was not paid, Official Receiver decided to re-auction the building and auction is going to be conducted tomorrow. According to the appellant, auction should not be conducted and he did not pay the balance amount in time due to unavoidable circumstances. It is submitted by the Official Receiver that all arrangements are made for conducting re-auction tomorrow and it should not be disturbed. It is also submitted that Official Receiver is prepared to refund the amount paid by the appellant after deducting the expenses incurred by him for publishing notice etc. for re-auction. Learned counsel for the appellant submitted that he is also agreeable for the above. In the above circumstances, we dispose of this appeal with a direction that the amount paid by the appellant shall be refunded after deducting the expenses already incurred by the Official Receiver in MFA.126/2007 2 conducting re-auction. The statement regarding the same shall be filed before the Ist Additional District Judge, Thiruvananthapuram. J.B.KOSHY JUDGE K.HEMA JUDGE tks