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SANDEEP V. MARNE
Swati Mangesh Sawant – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for the parties, Petition is taken up for hearing.
2. By this petition, Petitioner challenges the Notice issued by the Special Recovery Officer dated 12 March 2021 and Recovery Certificate dated 10 February 2020 issued by the Assistant Registrar of Cooperative Societies. Petitioner is neither a borrower nor a guarantor and the Recovery Certificate dated 10 February 2020 is not issued in his name and thus no amount is sought to be recovered from him. However, Notice dated 12 March 2021 is issued by the Special Recovery Officer proposing to attach immovable properties of the borrower. Petitioner has purchased Flat No.001/E-2, Shree Bhavdevi Krupa Co-operative Housing Society Ltd., Pramila Nagar, Dahisar, Mumbai-400 068 (the flat) from the borrower and she apprehends that the flat would be attached by the Recovery Officer for execution of the Recovery Certificate dated 10 February 2020 and has accordingly filed the present petition. The said flat is purchased by the Petitioner from the borrower. Apprehending attachment of the said flat, the Petitioner has filed the present petition.
3.
Title to property sold at a public auction is transferred to the purchaser upon confirmation, irrespective of subsequent registration of the Sale Certificate, which is exempt from compulsory registra....
The main legal point established in the judgment is the interpretation and application of Rule 107 (11) (d-1) of the Maharashtra Cooperative Societies Rules, 1961 in the context of upset price fixati....
The main legal point established in the judgment is the importance of approaching the court within a reasonable time and the relevance of delay and laches in exercising equitable jurisdiction.
The court established that compliance with procedural rules in auction sales is essential, and the burden of proof lies with those challenging the sale to demonstrate fraud or irregularity.
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