Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Security Interest (Enforcement) Rules 2002 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Issue for consideration: Applicant-Auction Purchaser sought directions against the Appellant-Bank for issuance of sale letter in its favour on the ground that it has made the full and final payment of the auction amount with interest in terms of the order of this Court dated 12.05.2020. Whether the extension of time sought by the Applicant in the various applications was permissible and even if permissible, whether the Applicant had in fact complied with the orders passed by the Court therein. Security Interest (Enforcement) Rules, 2002 – r.9 – “Time of sale, issue of sale certificate and delivery of possession etc.,” w.r.t the sale of immovable secured assets through e-auction mode – Non-compliance – By way of instant Miscellaneous Application filed in the disposed of Civil Appeal, applicantAuction Purchaser sought directions to the bank for issuing the sale certificate in its favour – Maintainability – Applicant inter alia pleaded that the deposits made by it on 22.07.2022 and 26.08.2022 be treated as due compliance of the order dated 12.05.2020, extending the time limit by exercising the inherent powers of the Supreme Court u/Article 142: Held: As per the sub-Rule (4) of r.9, the balance amount of purchase price payable has to be paid by the purchaser to the authorized officer on or before the fifteenth day of the confirmation of sale or such extended period as may be agreed upon in writing between the purchaser and the secured creditor, in any case not extending three months – Even if by liberal construction of the said sub rule, and in view of the orders passed by this Court from time to time in the successive applications filed by the Applicant, it is presumed that the time to deposit the balance amount with interest had stood extended two months after February, 2022, i.e., upto 30.04.2022, no further extension of time as such was granted by the Court nor was it permissible to extend under the said statutory provision contained in r.9 – Apart from the fact that the Applicant had not complied with the orders passed by this Court from time to time in the successive applications filed by it, and more particularly the order dated 12.05.2020 passed in M.A. No.922 of 2020, such an application in the disposed of C.A.No.1902 of 2020, to pursue its strategies and to avoid judicial adjudication in the substantive proceedings, would not be even maintainable – Court in exercise of powers u/Article 142 cannot ignore any substantive statutory provision dealing with the subject – The plenary powers of the Supreme Court u/ Article 142 are inherent in nature and are complementary to those powers which are specifically conferred on the court by various statutes – These powers though are of a very wide amplitude to do complete justice between the parties, cannot be used to supplant the substantive law applicable to the case or to the cause under consideration of the court – Instant Miscellaneous Application seeking substantive prayers filed in the disposed of C.A. No.1902 of 2020 being not maintainable is dismissed – Constitution of India – Article 142. [Paras 17-19] Practice and Procedure – Filing of repeated applications, styled as Miscellaneous Applications, without any legal foundation – Deprecated. [Para 18] |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 869 |
Petitioner | Union Bank Of India |
Respondent | Rajat Infrastructure Pvt. Ltd. & Ors. And M/s. Sunview Assets Pvt. Ltd. |
SCR | [2023] 14 S.C.R. 666 |
Judgement Date | 2023-10-04 |
Case Number | 1902 |
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