(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. It prima facie appears that as stated in the further affidavit in sur-rejoinder dated 27.11.2009 at paragraphs 5 and 6 that after the offer was not received of any interested parties, instead of giving fresh advertisement, the offer is accepted. Further, whether there was a concluded contract or not is an aspect, which deserves consideration.
2. Hence, Admit.
3. We have heard Mr.Mihir Joshi, learned Sr. Counsel appearing with Mr.Tattvam Patel, learned Counsel for the appellant and Mr.D.K. Nakrani, learned LPA/230/2011 2/3 ORDER Counsel for the respondent Board, on the aspect of interim relief.
4. Considering the facts and circumstances, it appears that even if the appeal is admitted on the aspect of whether the contract is concluded or not, before this further considers the matter for maintaining the offer or otherwise and whether the delay, if any, could be condoned or not or whether any performance of the contract is to be ordered or not, it would be just and proper, if the details about the market price of the property in question comes up before the Court. Such details will enable the Court to pass appropriate orders, including by balancing the rights of both the sides. However, such can be realized by holding the auction and at that auction, interested parties, including the appellant, if he so desires, who may participate, but the offer shall not be concluded but the report shall be placed before this Court and thereafter the appeal may be considered.
5. Hence, by interim order, it is directed that the respondent shall hold an auction of the property in question within a period of three months from today by making wide publication in, at least two Gujarati newspapers having wide circulation in Surat. Interested parties, in order to test the genuineness of their offers, may be required to be deposited 10% of the offer amount and thereafter, the report shall be placed before this Court. It is also observed that without prejudice to the rights and contentions, it would LPA/230/2011 3/3 ORDER be open to the appellant - original petitioner to participate at the said auction and submit his offer, but as the amount has been deposited, he would not be required to deposit 10% of the amount of the offer price. Report shall be submitted within a period of one month after the conclusion of the offer within the aforesaid period. After the report is submitted, it would be open to either side to move this Court for final hearing of the appeal.
(Jayant Patel, J.) (C. L. Soni, J.) vinod