Sandhya Basu Mallick & Anr vs Pramatha Nath Sen & Anr

Learned counsel appearing for the petitioners relies on an affidavit of service to submit that the respondents have been served with a copy of the

application sometime in 2020 (counsel is unable to give the month) and that the respondents were further informed that the matter would be mentioned

on 7th June, 2021 and once again informed that the matter would be listed on 11th June, 2021 before a learned single Judge.

None of the respondents are present when the matter is called on.

Counsel for the petitioners places a report of the Commissioner of Partition dated 7th January, 2021 which records, inter alia, that by an order dated

13th January, 2020 passed by a co-ordinate Bench, the Commissioner of Partition was directed to sell the immovable properties by public auction and

to invite offers for purchase of the two properties situated in Kolkata which could not be partitioned or developed. Advertisements were also directed

to be published in two newspapers and 25% of the earnest money was to be deposited by the interested bidder. By an order dated 25th June, 2020, the

Commissioner of Partition was further directed to open a savings account with a nationalized bank, the expenditure for which would be operated by

the plaintiff no.1. The time for compliance with this order was extended by the third order dated 4th September, 2020.

Counsel submits that the Commissioner of Partition has taken due steps for obtaining the valuation of the two properties and opened a bank account

on 15th October, 2020 with United Bank of India (now Punjab National Bank) which became operative from 22nd October, 2010. Publication of

notice inviting offers has also been published in two newspapers. Counsel submits that the Commissioner has received three offers till date of which

only one, namely, Swapan Kumar Mondal and Sangita Mondal of Kolkata have deposited 25% of the earnest money. The offer received is Rs.80

lacs. The other two bidders have not made any deposits towards 25% of the earnest money. It is submitted that another bid has been received in

March, 2021 from one Mr. K.P. Malviya who has given an offer price of Rs. 90 lacs but is yet to deposit the money as directed by the order of the

Court.

Having heard learned counsel for the petitioner, this Court is of the view that the recent bidder Mr. Malviya should be directed to deposit 25% of the

earnest money with the Commissioner of Partition as the other bidders have done.

Counsel for Mr. Malviya is present in Court and is requested to take due steps in this regard.

Let the deposit be made over to the Commissioner within a fortnight from date.

The Commissioner will suitably modify the list of bidders upon getting the earnest money. The Commissioner will intimate the parties after receiving

deposit from the new bidder.

List this matter after three weeks.