KRIPANATH PAUL vs RATAN MANI PAL & ORS.

In the partition suit, one of the co-sharers has filed this application seeking necessary direction with regard to sale of the remaining property out of the four properties. A prayer is also made for disbursement of a sum of Rs. 12 lakh deposited by the bidder in respect of 10A, Jagadish Nath Roy Lane, Kolkata - 700006. The learned counsel representing the petitioner submits that this court by an order dated 16th January 2017 had confirmed the sale of the said property in favour of Prabir Bhattacharya at a consideration of Rs. 32 lakh. Mr. Prabir Bhattacharya, the successful bidder, had deposited a sum of Rs. 12 lakh and thereafter it was not known to the parties that he has expired. The petitioner submits that recently the parties have come to know that the said bidder had expired and accordingly this application has been taken out for necessary direction with regard to disbursement of Rs. 12 lakh that the Receiver-cum-Commissioner has already received.

Mr. Dulal Chandra Pal, learned advocate representing the heirs of late Prabir Bhattacharya namely Smt. Shyamali Bhattacharya, Sri Sayan Bhattacharya and Smt. Oendrila Bhattacharya of 34F, Nayan Chand Dutta Street, P.S. Burtolla, Kolkata - 700006, on instruction submits that the balance amount shall be paid by the legal heirs within three months from date. The learned advocates representing the parties have not opposed such prayer.

On such consideration, the time to deposit the balance consideration amount by the legal heirs of Late Prabir Bhattacharya is extended by three months from date. In default, a fresh advertisement shall be made by the Receiver-cum-Commissioner for sale of the property after forfeiting the amount already received.

It appears that there is an agreement between the parties that the College Street property may be sold to the existing tenants at a consideration of Rs. 85 lakh and the payment of Rs. 17 lakh be accepted as earnest money. Under such circumstances, there shall be an order in terms of prayer (b) of the petition. The successful bidder shall deposit the entire consideration amount within six weeks from the date of communication of this order, failing which the earnest money deposited shall stand forfeited and the parties shall be at liberty to apply for sale of the said property by public auction. The Receiver shall forthwith encash the demand draft and keep the said amount in a short-term fixed deposit until further orders.

The Receiver shall disburse the sale proceeds in respect of the other properties to the parties to the suit in proportion to their declared shares within three weeks from date. Parties shall be at liberty to take inspection of the accounts filed by the Receiver in the department.

The Receiver-cum-Commissioner shall be entitled to a further remuneration of 2% of the total sale proceeds in respect of the College Street property and shall disburse the remaining amount to the parties according to their shares within 10 days from the date of execution of the conveyance in favour of the successful bidders.

GA No. 178 of 2018 stands disposed of.