Search Results for "attachment before auction"

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Search Results for "attachment before auction"

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Supreme Court

Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

29 Sep 2021

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

High Court

Bombay High Court Allows Writ Petition Challenging Minister's Order Setting Aside Auction Sale — Non-Compliance with Section 210 Deposit Requirements Invalidates Application. The court held that the mandatory deposit under Section 210 of the Maharashtra Land Revenue Code, 1966 must accompany the application to set aside sale, and failure to do so renders the application invalid.

9 Mar 2015

The petitioner, Shri Sukumar Kumar Patil, was the successful bidder at an auction sale held on 3 December 2008 for property attached due to dishonour ...

High Court

Bombay High Court Dismisses Judgment Debtor's Petition Challenging Auction Sale in Execution Proceedings — No Material Irregularity Found Under Order 21 Rule 90 CPC.

9 Jun 2011

The petitioner, M/s Vairagade Engineering Corporation, was the judgment debtor in a decree dated 21/09/2007 passed by the Delhi High Court in Civil Su...

High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

High Court

Bombay High Court Dismisses Petition by Co-operative Society Challenging Cancellation of Sale Certificate in Recovery Proceedings. Auction of Deceased Borrower's Property Without Notice to Legal Heirs Held Void, Legal Heirs Entitled to Deposit Sale Price with Interest Under Rule 107(13) of Maharashtra Co-operative Societies Rules, 1961.

2 Sep 2024

The case involves a Writ Petition filed by Shri Vasantrao Chougule Nagari Sahakari Pat Sanstha Ltd. and its Special Recovery Officer against the State...

High Court

High Court of Karnataka Allows Auction Purchaser's Writ Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Limitation Period Computed from Date of Confirmation of Sale, Not from Date of Sale Certificate. The court held that the application for delivery of possession filed within one year from the date of confirmation of sale is within limitation under Article 134 of the Limitation Act, 1963.

24 Mar 2014

The petitioner, Abdul Ubedulla, was the auction purchaser in a court sale conducted in execution of a decree in O.S. No. 123/1999 on the file of the P...

High Court

Bombay High Court Allows Appeal in Attachment Before Judgment Case — Defendants Failed to Disclose Assets and Intended to Defeat Creditors. Order 38 Rule 5 CPC Attachment Granted as Plaintiffs Made Out a Prima Facie Case of Intent to Obstruct Execution.

6 Aug 2018

The appellants, original plaintiffs in Special Civil Suit No. 1437 of 2013, filed an appeal against the order of the Extra Joint Civil Judge Senior Di...

High Court

High Court of Judicature at Bombay Scrutinizes Validity of Auction Sale in Execution Proceedings Due to Notice Irregularities. Compliance with Order XXI Rule 66(2) CPC and Affixing of Proclamation on Court-House Examined in Appeal Against Confirmation of Sale.

30 Jun 2005

The appeal arose from an order of the City Civil Court dismissing a notice of motion seeking to set aside an ex parte decree and the subsequent auctio...

High Court

Gujarat High Court Quashes Attachment Order in Execution Proceedings Due to Lack of Notice Under Order 21 Rule 54 CPC. Petitioners' Property Attached Without Prior Notice Despite Being Third-Party Purchasers, Violating Principles of Natural Justice.

5 Mar 2026

The petitioners, Shashikant Arvindkumar Rajput and others, filed a petition under Article 227 of the Constitution of India challenging an order dated ...

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