Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1959 - ss.89A 106 - Auction sale of mortgage property - Debtor committed default in c repayment of loan to Bank Karnataka Cooperative Societies Act recovery proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Auction: Karnataka Cooperative Societies Act, 1959 - ss.89A, 106 - Auction sale of mortgage property - Debtor committed default in c repayment of loan to Bank, recovery proceedings were initiated by the Bank - Award passed for the recovery of money - Debtor failed to pay the awarded amount in spite of repeated opportunities - Mortgaged property auctioned - Appellant was the highest bidder - Competent authority confirmed auciion sale in favour of D appellant - Sale certificate issued to appellant - Debtor preferred appeal before the Deputy Registrar (CS) uls. 106 - Deputy Registrar (CS) held that sale was in accordance with Rules hut it was a case of under valuation of the property and on that ground set aside the confirmation of sale 011 the condition that the debtor shall deposit stipulated amount with interest - Debtor again failed to comply with E the order - Appellant-auction purchaser filed writ petition against the order of Deputy Registrar (CS), which was dismissed by High Court - On appeal, held: Order of confirmation of sale is ascribable to s.89A of the Act rlw. r.38 of the Rules ,... No remedy of appeal against that decision is provided - s.106 of the Act does not provide F for an appeal against the order confirming an auction sale, passed uls.89A r/w. r.38 - s.89A of the Act rlw. r.38 of the Rules provide for special dispensation - Order passed by the Deputy Registrar (CS) in appeal was without jurisdiction - Therefore, High Court committed error in dismissing the writ petition filed by appellant-auction purchaser - Order passed by Deputy Registrar (CS) setting aside G auction sale in favour of appellant-auction purchaser and order of High Court confirming it, accordingly set aside - Karnataka Cooperative Societies Rules - r. 38. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2016 INSC 1033 |
Petitioner | P. M. Abubakar |
Respondent | State Of Karnataka And Ors. |
SCR | [2016] 11 S.C.R. 103 |
Judgement Date | 2016-11-17 |
Case Number | 10894-10895 |
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