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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...

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Bombay High Court Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness.

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot o...

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Bombay High Court Dismisses Petition Challenging Auction Sale Orders in Arbitration Execution Proceedings — No Jurisdictional Error Found in Orders for Proclamation of Sale and Approval of Draft Proclamation Under Order 21 Rule 66 CPC.

The petitioners, Mahesh Rambhau Patil and others, filed a writ petition under Article 227 of the Constitution of India challenging two orders passed b...

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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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Supreme Court Dismisses Appeal Against Auction Sale Under Tamil Nadu Revenue Recovery Act, 1864 — Failure to Challenge Sale Under Sections 37-A or 38. Appellant's challenge to auction notice without challenging the subsequent sale held not maintainable.

The case pertains to an appeal against the judgment of the Madras High Court dismissing the appellant's challenge to a public auction notice issued un...

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Supreme Court Dismisses Bank's Appeal in SARFAESI Auction Dispute — Auction Purchaser Not in Default. Delay in Payment Attributable to Bank's Own Actions and External Factors, Not Purchaser's Fault Under Rule 9(4) of Security Interest (Enforcement) Rules, 2002.

The appellant, IDBI Bank, conducted an e-auction on 10.04.2018 for a property comprising 2 guntas of land in Telangana. The respondents were the highe...