Search Results for "attachment before auction"

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Search Results for "attachment before auction"

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High Court

Gujarat High Court Quashes Attachment Order in Execution Proceeding Due to Lack of Notice to Third-Party Purchasers. Attachment of properties purchased prior to decree set aside as executing court failed to issue notice under Order 21 Rule 54 CPC to bona fide purchasers.

5 Mar 2026

The petitioners, Shashikant Arvindkumar Rajput and others, filed a Special Civil Application under Article 227 of the Constitution of India before the...

High Court

Bombay High Court Allows Petition Challenging Auction Sale by Cooperative Bank for Non-Disclosure of Reserve Price and Lack of Proper Notice Under Section 101 of Maharashtra Cooperative Societies Act, 1960. Sale Set Aside as Bank Failed to Comply with Rule 107 of Maharashtra Cooperative Societies Rules, 1961.

30 Jul 2021

The petitioner, Munjaji Kondiba Chate, owned agricultural lands in Beed district, Maharashtra. He had taken a loan from Deenadayal Nagari Sahakari Ban...

High Court

High Court of Karnataka Hears Company Applications for Recall of Attachment and Leave to Sell Property in Winding-Up of BPL Engineering Limited. Issues Raised Include Whether SARFAESI Act Overrides Tax Department's Statutory First Charge under the Andhra Pradesh General Sales Tax Act and Central Sales Tax Act.

2 Jul 2026

The matter pertained to competing claims over an immovable property of BPL Engineering Limited (in liquidation), situated at Pashamylaram Village, San...

High Court

Bombay High Court Dismisses Auction Purchaser's Challenge to Deemed Conveyance in Favor of Co-operative Housing Society. The Court held that the Competent Authority under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 has jurisdiction to grant deemed conveyance despite pending civil suit challenging auction sale, as the society's right to conveyance is independent of the auction purchaser's title.

8 Apr 2024

The petitioner, Ravi Jagganath Agarwal, an auction purchaser of land and building from the Municipal Corporation for Greater Mumbai (MCGM) due to prop...

High Court

Bombay High Court Allows Bank to Participate in Auction of Attached Sugar Stock in Workers' Dues Recovery Case. The court held that the direction to recover under MLR Code was beyond Section 33C(1) of Industrial Disputes Act, 1947, but permitted the bank to participate in auction of attached sugar.

16 Aug 2012

The Maharashtra State Cooperative Bank Ltd. (petitioner) had advanced loans to Yashwant Sahakari Sakhar Karkhana (respondent No.4), a sugar factory, a...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Interim Stay in Cooperative Society Recovery Proceedings. Petitioner Failed to Demonstrate Prima Facie Case or Irreparable Loss in Auction of Mortgaged Property Under Maharashtra Cooperative Societies Act, 1960.

3 Jun 2019

The petitioner, Shri Shrirang Gajanan Hole, a member of Respondent No.2 Society (Ujani Mahila Gramin Bigarsheti Sahakari Patsanstha Maryadit), challen...

High Court

Bombay High Court Dismisses Appeal Under MPID Act Seeking Release of Attached Property — Property Acquired During Pendency of Criminal Proceedings Cannot Be Claimed as Bona Fide Purchaser Without Notice.

24 Apr 2024

The case involves an appeal filed by Ved Prakash Arya under Section 11 of the Maharashtra Protection of Interest of Depositors (in Financial Establish...

Supreme Court

Supreme Court Remands Execution Sale Dispute for Limitation Determination. High Court's Order Setting Aside Auction Sale Set Aside for Ignoring Supreme Court's Direction to Decide Limitation First.

17 Mar 2020

The dispute arises from execution proceedings of a decree passed in favour of Shree Mahalaxmi Mercantile Coop Bank Ltd. (R2) against M/s. Abhilasha Co...

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 Allows Writ Petition Against Tax Recovery Officer; Quashes Sale of Attached Flat Beyond Limitation Period Under Rule 68B of the Income Tax Act, 1961. Sale of immovable property attached for recovery of tax held invalid as the limitation period under Rule 68B of Second Schedule had expired and the attachment stood vacated.

20 Sep 2005

The dispute arose from recovery proceedings under the Income Tax Act, 1961, against the petitioner, a partner of a firm, for outstanding tax demands f...

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