NDLI: Rajiv Vohra Vs. The State of Haryana and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Commercial property Auction Willful default by buyer
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Auction – Commercial property – Willful default by buyer –Appellant was allotted booth in open auction for Rs.7,55,000/- –Appellant paid Rs. 1,88,750/- (25% of the sale consideration) but failed to make payment of the remaining sale consideration – Third respondent (Estate Officer, Haryana Urban Development Authority)passed resumption order and resumed the booth on account of non-payment of dues – Appeal filed by the appellant – Resumption order set aside – Pursuant to the appellate order, the appellant paid Rs.7,00,000/- – Revision filed by the third respondent – Resumption order restored – Writ petition filed by the appellant before High Court, which was dismissed – On appeal, held: Booth was allotted in 1996 – After making payment of 25% of the sale consideration,the appellant defaulted on the terms and conditions of the allotment– Third respondent issued notices to the appellant – Despite service of the notices, the appellant failed to make any payment in accordance with the terms and conditions of the allotment letter –Despite being afforded multiple opportunities to effect payment of the balance sale consideration, the appellant continued to defaulton the terms and conditions of the allotment – Appellant continued in possession of the booth for over 23 years after paying a meagre sum – Jurisdiction of Supreme Court u/Art.142 cannot be invoked to protect an unscrupulous buyer who took possession of a commercial property by paying only 25% of the sale consideration and willfully defaulted on the amount of money payable – No reason to interfere with the judgment of the High Court – Resumption order confirmed – Constitution of India – Art.142.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 249
Petitioner	Rajiv Vohra
Respondent	The State Of Haryana And Ors.
SCR	[2019] 4 S.C.R. 822
Judgement Date	2019-02-21
Case Number	1932

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