Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Multi-State Co-operative Societies Act 2002 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Multi-State Co-operative Societies Act, 2002 - s.126 - Initiation of recovery proceedings u/ss. 74 and 76 of Multi-State Co-operative Societies Act,1984 - Award - Dema11d notice by the Bank - Failure to pay the amounl - Award referred for execution - Six proclamation notices for sale by public auction - No bidders came forward - Sale of the mortgaged property by adopti11g the mode of selling property hy sealed tender - Sale confirmed in favour of succes4it! bidder (appellant) - Without availing the procedure provided under d7 (] 3) of Multi-State Co-operative Societies Rules, 2002, borrower filed writ petition seeking quashing of lhe award and the sale cerlificale - High Courl set aside the award and consequellt sale certificate on the ground that all'ard was liable to be executed 011ly in the manner provided under Arbirration and Conciliatio11 Act, 1996, 1984 Act havi11g bee11 repealed by the 2002 Act - On appeal, held: Proceedings under 1984 Act ll'ere saved by virtue of s.126(6) of 2002 Act - Thus the execution proceedings under 1984 Act were valid - Award and the consequent sale certificate could not have bee11 set aside - Multi-State Co-operatire Societies Act, 1984 - ss. 74 and 76 - 11ulti-State Co-operative Society Rules, 2002 - n:37{13) and (14). |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2016 INSC 855 |
Petitioner | Ludovico Sagrado Goveia |
Respondent | Cirila Rosa Maria Pinto And Ors. |
SCR | [2016] 6 S.C.R. 440 |
Judgement Date | 2016-09-06 |
Case Number | 8756 |
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