Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Auction: Auction sale – Waiver of rights |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Auction: Auction sale – Waiver of rights – On facts, confirmedauction sale of land belonging to private respondents – Set asideby the High Court despite there being no objections to it –Justification of – Held: Not justified – Private respondents throughtheir conduct, in failing to file objections to the auction sale andmaking an application and accepting the excess amount recoveredfrom the auction sale, waived off their rights in respect of the auctionsale and acquiesced in the auction sale – They are estopped throughtheir conduct from challenging the auction sale in any mannerwhatsoever – Conduct of all the private respondents is a clearindication of their acceptance of the validity of the auction saleand they had no objections to the auction sale – High Court erredin ignoring the basic and primary fact on record – It erred in settingaside the auction of the land belonging to the private respondentsand thereby prejudicing the rights of the appellants, highest bidderof the auction sale – Order passed by the High Court is set aside. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 812 |
Petitioner | Pravesh Kumar Sachdeva |
Respondent | State Of Uttar Pradesh And Ors. |
SCR | [2018] 11 S.C.R. 504 |
Judgement Date | 2018-09-13 |
Case Number | 9836 |
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