SooperKanoon Citation | sooperkanoon.com/670400 |
Subject | Commercial |
Court | Supreme Court of India |
Decided On | Mar-30-2001 |
Case Number | IA No. 64 in SLP (C) No. 21000 of 1993 |
Judge | U.C. Banerjee and; Shivaraj V. Patil, JJ. |
Reported in | 2001(3)SCALE630; (2002)9SCC354 |
Acts | Constitution Of India - Article 226 |
Appellant | Delhi Development Authority |
Respondent | Skipper Construction and anr. |
Excerpt:
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[ u.c. banerjee and; shivaraj v. patil, jj.] - constitution of india — article. 226 — pil — skipper construction — auction sale — direction issued in respect of sale of premises of skipper construction by way of public auction — premises in question were in possession of embassy of israel under a lease which was going to expire on 1-10-2001 -- be it clarified that mr andhyarujina, learned senior counsel, upon instructions, informs this court that his clients (embassy of israel) are prepared to offer rs 22 crores (rupees twenty-two crores) for the premises in question. it is ordered that the embassy of israel shall vacate the premises in question within a period of eight weeks from the date of confirmation of sale by this court, unless of course, the embassy itself is declared as the highest bidder. the sale shall however be subject to confirmation by this court.u.c. banerjee and; shivaraj v. patil, jj.1. it is placed on record that premises no. 3, aurangzeb road, as ordered earlier, shall be sold by way of a public auction. parties would be at liberty to bring offers if they so like. public auction, however, shall have to be under the guidance of a registered auctioneer under the supervision of the registrar-general of this court or under the supervision of such officer of this court, as may be nominated by him. the registrar-general is directed to draw out a tentative list of auctioneers and their terms and conditions so as to enable this court to deal with the matter further. it is made clear that since the lease of the embassy of israel is going to expire by 1-10-2001, the embassy of israel would also be at liberty to bid at the auction.2. be it clarified that mr andhyarujina, learned senior counsel, upon instructions, informs this court that his clients (embassy of israel) are prepared to offer rs 22 crores (rupees twenty-two crores) for the premises in question. it is clarified however that the possession of the embassy of israel shall not be in any way disturbed till the continuation of the existing lease period, to wit, 1-10-2001. it is further clarified that the highest bidder shall otherwise be entitled to obtain vacant possession within a period of three months from the date of confirmation of sale by this court. it is ordered that the embassy of israel shall vacate the premises in question within a period of eight weeks from the date of confirmation of sale by this court, unless of course, the embassy itself is declared as the highest bidder. the terms and conditions of the auction shall be finalized by the registrar-general in consultation with the amicus curiae in the matter and the same would be produced before this court within a period of three weeks from the date.3. the sale shall however be subject to confirmation by this court.4. let this matter appear four weeks hence.re: office report5. upon consideration of the office report, it is ordered that the same be placed on the next date of hearing.
Judgment:U.C. Banerjee and; Shivaraj V. Patil, JJ.
1. It is placed on record that Premises No. 3, Aurangzeb Road, as ordered earlier, shall be sold by way of a public auction. Parties would be at liberty to bring offers if they so like. Public auction, however, shall have to be under the guidance of a registered auctioneer under the supervision of the Registrar-General of this Court or under the supervision of such officer of this Court, as may be nominated by him. The Registrar-General is directed to draw out a tentative list of auctioneers and their terms and conditions so as to enable this Court to deal with the matter further. It is made clear that since the lease of the Embassy of Israel is going to expire by 1-10-2001, the Embassy of Israel would also be at liberty to bid at the auction.
2. Be it clarified that Mr Andhyarujina, learned Senior Counsel, upon instructions, informs this Court that his clients (Embassy of Israel) are prepared to offer Rs 22 crores (Rupees twenty-two crores) for the premises in question. It is clarified however that the possession of the Embassy of Israel shall not be in any way disturbed till the continuation of the existing lease period, to wit, 1-10-2001. It is further clarified that the highest bidder shall otherwise be entitled to obtain vacant possession within a period of three months from the date of confirmation of sale by this Court. It is ordered that the Embassy of Israel shall vacate the premises in question within a period of eight weeks from the date of confirmation of sale by this Court, unless of course, the Embassy itself is declared as the highest bidder. The terms and conditions of the auction shall be finalized by the Registrar-General in consultation with the amicus curiae in the matter and the same would be produced before this Court within a period of three weeks from the date.
3. The sale shall however be subject to confirmation by this Court.
4. Let this matter appear four weeks hence.
Re: office report
5. Upon consideration of the office report, it is ordered that the same be placed on the next date of hearing.