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High Court

High Court of Karnataka Examines Validity of SARFAESI Act Auction Sale Where Title Derived from Alleged Forged Documents. Court Considers Whether Auction Purchaser is Entitled to Refund of Sale Consideration on Ground of Fraud.

28 Jul 2023

The writ petition was filed by M/s Paramount Constructions Company challenging the sale certificate dated 10.10.2014 issued by the Authorised Officer ...

High Court

High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

14 Dec 2022

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

High Court

Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

18 Dec 2019

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

High Court

Bombay High Court Dismisses Revision Against Order for Possession Under Order XXI Rule 95 CPC — Auction Purchaser Entitled to Delivery of Property from Judgment Debtors After Confirmation of Sale.

12 Sep 2018

The applicants, original judgment debtors, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an o...

High Court

Bombay High Court Dismisses Borrower's Challenge to Sale Certificate and Award in Cooperative Bank Loan Recovery — Upholds Validity of Sale to Third Party Purchaser. The Court held that the sale certificate issued under the Maharashtra Cooperative Societies Act, 1960 cannot be challenged after a long delay and that the purchaser's title is protected.

8 Nov 2017

The petitioner, Mahesh Navelkar (since deceased, represented by legal heirs), was a borrower who took a loan of ₹9,500,000 from the Goa State Co-ope...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity.

10 Feb 2017

The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civ...

High Court

Bombay High Court Upholds Executing Court's Rejection of Time-Barred Application to Set Aside Auction Sale Under Order 21 Rule 89 CPC. Application Filed 63 Days After Sale Found Barred by Limitation, Secured Creditor's Prior Charge on Property Upheld for Distribution of Sale Proceeds.

26 Oct 2016

The petitioner, a borrower, had availed a housing loan from respondent No.1 finance company and mortgaged the purchased flat. Upon default, the lender...

High Court

Bombay High Court Allows Writ Petition of Co-operative Bank and Recovery Officer Challenging Revisional Order Setting Aside Auction Sale. The Court held that non-compliance with Rule 107(4) notice under Maharashtra Co-operative Societies Rules, 1961 is not fatal to the auction sale if the sale is otherwise valid and the borrower had knowledge of the proceedings.

13 Oct 2011

The petitioners, the Manager and Special Recovery Officer of Adarsh Mahila Nagri Sahakari Bank Ltd., filed a writ petition under Articles 226 and 227 ...

High Court

Bombay High Court Allows Petitioner's Challenge to Collector's Order Setting Aside Auction Sale in Revenue Recovery Matter — Auction Purchaser's Bid Confirmed Despite Cooperative Society's Liquidation. The court held that the Collector exceeded his revisional jurisdiction under the Maharashtra Land Revenue Code, 1966, by setting aside a confirmed auction sale on grounds of inadequacy of consideration and alleged violation of the Maharashtra Cooperative Societies Act, 1960.

8 Sep 2006

The petitioner, Jayant s/o Vasantrao Dhole, challenged the orders of the Collector, Amravati, dated 1.6.1992, setting aside an auction sale conducted ...

Supreme Court

Supreme Court Upholds High Court Dismissal of Judgment Debtor's Application to Set Aside Receiver's Sale Under Order 21 Rule 89 CPC. Order 21 Rule 89 Held Not Applicable to Receiver Appointed Under Section 51 CPC as Sale Not Conducted Under Order 21.

10 Nov 1959

In execution of a money decree, the judgment debtor defaulted on payment of agreed instalments. The executing court, invoking Section 51 of the Code o...

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