EC No. 119 of 2008

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE

UNION OF INDIA Plaintiff/Petitioner/Applicant Versus

BINOD ENGINEERING AND MECHANICAL WORKS & ORS.

BEFORE:

The Hon'ble JUSTICE PATHERYA

Date : 9th March, 2010.

MR.SOUMENDRA NATH DAS,

ADVOCATE FOR UNION OF INDIA

MR.ANIRUDDHA ROY, MR.J.BASU ROY

ADVOCATES FOR CHECONS FISCAL

SERVICES (P)LTD.

MR.D.K.MOOKERJEE,

MR.S.MUKHERJEE ADVOCATES FOR

INTENDING PURCHASER

MR.A.MUKHERJEE, MR.DEEPAK JAIN,

ADVOCATES FOR SRI KRISHNA ARJUN

The Court : Report filed by the Receiver be kept on record. By order dated 8th December, 2009, the second floor flat being suite no.26 of 8 Ho Chi Minh Sarani was directed to be sold by the 2

Receiver pursuant to issuance of advertisement. The advertisement was to specifically indicate that the sale was on "as is where is basis". Publications have been effected wherefrom it appears that the said flat is being sold on "as is where is basis". Counsel for the owners of the said premises submits that it is the owner of such flat and, therefore, the flat cannot be sold. He also does not recognize the judgment debtors. An offer of Rs.5 lakhs has been made in respect of the said flat and the said purchaser is ready and willing to take it on "as is where is basis".

One Checons Fiscal Services (P) Limited has submitted that it is in occupation of a portion of the said flat. Having considered the submissions of the parties as the sale is on "as is where is basis", the question of depriving the owners of ownership of the said flat cannot arise. It is only to the extent of the interest in the said flat of the judgment debtors that sale is being effected. The term "as is where is basis" makes this clear. As the offer made is also on "as is where is basis" therefore the offerer is also aware of the status of the judgment debtors in the said flat and prior to making an offer enquiries must have been made. As the offerer seeks 3

time to reaffirm his offer, matter to appear in the list on 11th March, 2010.

Although by order dated 2nd September, 2008 Receiver was to make an inventory of the assets before selling the same. The Receiver has been obstructed in making inventory. Such order be complied with by seeking police assistance.

This order is passed as on an earlier occasion the Receiver has been obstructed from making inventory. Matter to appear on 11th March, 2010. Receiver, Local Police Authorities and all parties concerned are to act on a photostat signed copy of this order on the usual undertakings.

( PATHERYA, J.)

sb/Assistant Registrar(C.R.)