PNP 1 WP2735-3.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2735 OF 2011 WITH CIVIL APPLICATION NO.930 OF 2011 Somhira Sahakari Sakhar Karkhana Ltd. and another ..Petitioners. versus Divisional Joint Registrar, Co-operative Societies and others ..Respondents. ..... Mr. Yogesh Chawak with Mr. Vishal Sheriyan i/b Legasis Partners for the Petitioners. Ms. Ashutosh Kumbhakoni with Mr. Umesh Mankapure for Respondent No.2. Mr. S.S. Patwardhan for Respondent No.3. Mr. S.S. Kanetkar for Respondent No.4. Mr. A.M. Kulkarni with Mr. Vaibhav Kulkarni for the Applicant in C.A. 930 of 2011. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 3 October 2011. P.C. : The Second Respondent has decided to invite fresh applications for the sale of assets of the Fourth Respondent after conducting a fresh valuation. The Petitioners who were bidders in the earlier auction admittedly do not have any concluded contract in their favour. The sale process was cancelled following a letter dated 7 March 2011 of the Divisional Joint Registrar, Co-operative Societies, PNP 2 WP2735-3.10.sxw Kolhapur. The letter addressed by the Divisional Joint Registrar shows that though the reserved price was Rs.28.31 Crores and the highest bid received was Rs.31.75 Crores, the amount receivable by the Second Respondent as on 31 January 2011 is Rs.70.55 Crores in addition to which the outstanding dues of the State are Rs.7 Crores. Ultimately if the Second Respondent as a creditor believes that a higher offer can be received and that fresh bids should be invited after a fresh valuation, this Court under Article 226 cannot interfere with a decision which is a considered decision taken in accordance with law. The Petitioners who are only bidders in the earlier round and have no concluded contract in their favour, cannot maintain these proceedings under Article 226. The Petition is accordingly dismissed. Interim orders stand vacated. In view of the dismissal of the Petition, Civil Application 930 of 2011 does not survive and is accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)