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High Court of Karnataka Quashes Demand Notice in Electricity Dispute — Petitioner Not Liable for Predecessor's Dues. BESCOM Cannot Recover Arrears from Auction Purchaser Without Proper Notice Under Section 56 of Electricity Act, 2003.

The petitioner, K.N. Sakrappa, proprietor of Sri Maheshwari Industries, filed a writ petition challenging a demand notice dated 26.12.2014 issued by t...

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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

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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.

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

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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.

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...

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Madras High Court Allows Exclusion of Third Party Lands from Auction Sale in Company Liquidation — Official Liquidator Cannot Sell Properties Not Owned by Company. Applicants Established Title Through Patta and Chitta, Entitled to Exclusion Without Setting Aside Auction.

The case involves multiple company applications filed by S. Mahendran and K. Singili (applicants) against the Official Liquidator and the Administrato...

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

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...