The revision-petitioner would contend that the learned Official Receiver, Krishna at Machilipatnam sold the impugned property in auction on 18.09.2008 against the practice and rules and for a lesser price and therefore, the effected creditors filed Civil Miscellaneous Appeal Nos.7, 8 and 9 of 2008 under Section 68 of the Provincial Insolvency Act, 1920 (for brevity „the Act‟). no material produced by the appellants to establish that sale conducted by the Official Receiver is void or for a lesser price. In such set of facts and circumstances, there are no grounds to interfere with the finding of the learned Principal Senior Civil Judge, Machilipatnam and the revision-petition is deserved to be dismissed.

The revision-petitioner would contend that the learned Official Receiver, Krishna at Machilipatnam sold the impugned property in auction on 18.09.2008 against the practice and rules and for a lesser price and therefore, the effected creditors filed Civil Miscellaneous Appeal Nos.7, 8 and 9 of 2008 under Section 68 of the Provincial Insolvency Act, 1920 (for brevity „the Act‟).

 no material produced by the appellants to establish that sale conducted by the Official Receiver is void or for a lesser price. In such set of facts and circumstances, there are no grounds to interfere with the finding of the learned Principal Senior Civil Judge, Machilipatnam and the revision-petition is deserved to be dismissed.

HIGH COURT OF ANDHRA PRADESH

TUESDAY ,THE FOURTH DAY OF JULY

TWO THOUSAND AND TWENTY THREE

PRSENT

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

CIVIL REVISION PETITION NO: 817 OF 2016

Between:

1. SINGANAPUDI EEDUKONDLU S/o Veerabadrulu,

Aged about 41 years, Occ: Employee in VTPS,

R/o A colony, J.E.97, Ibrahimpatnam,

Vijayawada, Krishna District.

...PETITIONER(S)

AND:

1. THE OFFICIAL RECEIVER & 2 OTHERS Krishna District Court

Premises, Machilipatnam.

2. P.V.V.Subbarao, S/o Venu Gopala Rao, Aged about 45 years,

Occ: Business,

R/o Bantumilli Village and Mandal, Krishna District.

[2nd Respondent was added as per orders in I.A.No. 1189/2009,dated

16-08-2011]

3. Muppiresetty Ganga Raju, S/o Anjaiah, Aged about 60 years, Occ:

Cultivation,

R/o Nageswara Rao, Bantumilli Mandal. Krishna District.

...RESPONDENTS

Counsel for the Petitioner(s): S R SANKU AND KAVITI MURALI

KRISHNA

Counsel for the Respondents: SAI GANGADHAR CHAMARTY

The Court made the following: ORDER

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

****

CIVIL REVISION PETITION NO.817 of 2016

Between:

Singanapudi Eedukondlu

… Petitioner/Appellant/Creditor

 Versus

The Official Receiver and two (02) others

...Respondents

* * * * *

DATE OF ORDER PRONOUNCED : 04.07.2023

SUBMITTED FOR APPROVAL:

 HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

1. Whether Reporters of Local Newspapers

 may be allowed to see the Order? Yes/No

2. Whether the copy of Order may be

 marked to Law Reporters/Journals? Yes/No

3. Whether His Lordship wish to see the

 fair copy of the Order? Yes/No

____________________________________

 JUSTICE B.V.L.N.CHAKRAVARTHI

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BVLNC, J CRP No.817 of 2016

Page 2 of 6 Dt.04.07.2023

* HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

+ CIVIL REVISION PETITION NO.817 of 2016

% 04.07.2023

# Between:

Singanapudi Eedukondlu

… Petitioner/Creditor

 Versus

The Official Receiver and two (02) others

...Respondents

! Counsel for the Revision

petitioner : Sri S.R.Sanku

^ Counsel for the Respondent

No.1

: - - -

^ Counsel for the Respondent

Nos.2 and 3

: Sri Gangadhar Chamarty

< Gist:

> Head Note:

? Cases referred:

1. Naicker vs. Engammal reported in AIR 1962 SC

1141.

This Court made the following:

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Page 3 of 6 Dt.04.07.2023

THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

CIVIL REVISION PETITION NO.817 OF 2016

O R D E R:

Heard Sri S.D.Ramachandra Rao, learned counsel

representing on behalf of Sri S.R.Sanku, learned counsel for the

revision-petitioner and Sri Sai Gangadhar Chamarty, learned

counsel for the respondent Nos.2 and 3.

2. This revision-petition is directed against the Common

Judgment, dated 24.11.2015 in C.M.A.Nos.7, 8 and 9 of 2008 on

the file of Rent Control Appellate Tribunal-cum-Principal Senior

Civil Judge, Machilipatnam by one of the creditors.

3. The revision-petitioner would contend that the learned

Official Receiver, Krishna at Machilipatnam sold the impugned

property in auction on 18.09.2008 against the practice and rules

and for a lesser price and therefore, the effected creditors filed

Civil Miscellaneous Appeal Nos.7, 8 and 9 of 2008 under Section

68 of the Provincial Insolvency Act, 1920 (for brevity „the Act‟).

4. The learned Senior Civil Judge, after considering the

material available on record produced by both sides, „Dismissed‟

the appeals holding that the appellants could not place any

material before the learned Principal Senior Civil Judge to

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Page 4 of 6 Dt.04.07.2023

establish that the Official Receiver, Machilipatnam had

conducted the sale in a manner unknown to law or that there

was collusion and that the sale of property was for an

unconscionable and inadequate price.

5. In the light of the above context, the point that arises for

consideration is: -

“Whether the Trial Court committed any irregularity in

the Common Judgment, dated 24.11.2015 passed in

Civil Miscellaneous Appeal Nos.7, 8 and 9 of 2008 on

the file of Principal Senior Civil Judge’s Court,

Machilipatnam?”

6. P O I N T: -

The learned Principal Senior Civil Judge in the Common

Judgment, referred the Judgment of the Hon‟ble Apex Court in

Naicker vs. Engammal reported in AIR 1962 SC 1141, wherein

the Hon‟ble Supreme court held that “Court should not set-aside

a sale unless there are good and judicial grounds for interfering

with the discretion exercised by the Official Receiver.”

7. The relevant section of law under which the appellants/

creditors preferred civil miscellaneous appeal before the learned

Principal Senior Civil Judge, Machilipatnam is Section 68 of the

Provincial Insolvency Act, 1920, which is extracted hereunder:

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Section 68: Appeals to Court against receiver:

If the insolvent or any of the creditors or any other

person is aggrieved by any act or decision of the receiver,

he may apply to the Court, and the Court may confirm,

reverse or modify the act or decision complained of, and

make such order as it thinks just:

Provided that no application under this section

shall be entertained after the expiration of twenty-one

days from the date of the act or decision complained of.

8. The above provision and the decision of the Hon‟ble

Supreme Court referred above makes it clear that the Court may

confirm, reverse or modify the act or decision complained of the

Receiver, only when there are good and judicial grounds.

9. The Judgment of the Principal Senior Civil Judge would

disclose that the document i.e., Ex.R.1 produced by the

appellants questioning the sale is, Valuation Certificate in

Annexure-II issued by the Sub-Registrar, Bantumilli, dated

18.08.2015. Admittedly, the sale was conducted by the Official

Receiver on 18.09.2008. So, the Valuation Certificate relied on by

the appellants/creditors, of which, revision-petitioner is one

among them, is regarding the valuation of the property in the

year 2015.

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10. In those circumstances, the learned Principal Senior Civil

Judge, Machilipatnam made a finding that no material produced

by the appellants to establish that sale conducted by the Official

Receiver is void or for a lesser price. In such set of facts and

circumstances, there are no grounds to interfere with the finding

of the learned Principal Senior Civil Judge, Machilipatnam and

the revision-petition is deserved to be dismissed.

11. Accordingly, Civil Revision Petition is „Dismissed‟. There

shall be no order as to costs.

12. As a sequel, miscellaneous applications pending, if any,

shall stand closed.

JUSTICE B.V.L.N. CHAKRAVARTHI

4th July, 2023.

DNB

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