Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Section 15(1) -- Auction sale - Delivery of possession - Applicability of S.15(1) of Limitation Act to an application filed U.O.21.R.95 CPC - Question left open...........
Karnataka Cooperative Societies Act, 1959, Section 89, Karnataka Cooperative Societies Rules, 1960, Rule 38 -- Non-payment of loan - Auction sale of mortgaged property - Confirmation of sale - Order of confirmation of sale is ascribable to S.89A of the Act and R.38 of the Rules - No remedy of appeal against that decision is provided...........
Karnataka Cooperative Societies Rules, 1960, Rule 38(6)(a) -- Non-payment of loan - Debtor fail to comply order of Deputy Registrar to deposit the amount along with interest within specified time - On account of no, compliance of direction of Deputy Registrar, order for setting aside auction sale passed by Deputy Registrar becomes ineffective...........
Karnataka Cooperative Societies Act, 1959, Section 89, Karnataka Cooperative Societies Rules, 1960, Rule 38 -- Non-payment of loan - Auction sale of mortgaged property - Confirmation of sale - Appeal by debtor - Order passed in appeal - Debtor bound by the order passed on appeal filed by debtor and he has to comply with the same...........
Karnataka Cooperative Societies Rules, 1960, Rule 38(6) -- Non-payment of loan - Auction sale of mortgaged property - Confirmation of auction sale by Competent Authority - Once auction sale is confirmed by Competent Authority, it is not open to Authority to exercise power R.38(6) of the Rules, to set aside the sale...........
Civil Procedure Code, 1908, Order 21, Rule 92 -- Auction sale - Death of JD before confirmation of sale - Once JD was alive at the time of sale, subsequent death of JD before confirmation and omission to bring Lrs of JD for confirmation does not affect validity of confirmation of sale, as it dates back to date of sale, even when confirmation is at a later date...........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for recovery of possession - Plaintiff purchased property by way of auction sale u/s 69 of T.P.Act - Defendant filed suit for declaration that auction sale is null and void - However, plaint in said suit is rejected by Court and said judgment became final in the absence of intra Court appeal or review against the same -..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Auction sale - Second application u/s 17 of the Act - Maintainability - Issuance of notice as well as notice for sale of flat had been challenged in earlier application - Whereas, subsequent application filed after auction had been held - Cause of action in..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Secured assets - Auction sale - Setting aside - Undue haste by creditor Bank in holding auction - Creditor bank could have waited for some time when proceedings were pending before Tribunal as well as High Court before conducting auction and confirming sale -..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - JD not questioned the process of attachment or sale/auction on any grounds contained in O.21.R.90 CPC or any other Rule - Order of confirmation of sale was passed - JD held, caught by estoppel and waiver and cannot now question the process of attachment and auction of property...........
