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R. M. JOSHI
Vasantrao Chougule Nagari Sahakari Pat Sanstha Ltd. – Appellant
Versus
State of Maharashtra, Thr. Secretary, Dept. of Co-operation, Mantralaya, Mumbai – Respondent
JUDGMENT :
R.M. Joshi, J.
Rule. By consent heard finally at stage of admission.
2. The Petitioner being aggrieved by impugned order dated 3rd April 2019 passed in Revision Application No.20 of 2017 by Divisional Joint Registrar, Co-operative Societies, Kolhapur, whereby the Sale Certificate dated 31st December 2016 was cancelled, has filed this Petition.
3. The version of both sides which led to the filing of the present Petition can be narrated in brief as under:-
The Petitioner is a Co-operative Credit Society. Malgonda Ramgonda Bedkihale, availed loan of Rs.2,85,000/- from society on 30th March 2001. He however, did not return the entire amount of loan along with interest within stipulated time. As the borrower was in arrears, proceeding came to be instituted against him by the Petitioner No.1 Society under Section 101 of the Maharashtra Co-operative Societies Act, 1960 (‘Act’ for short). The recovery Certificate issued therein was put for execution under Section 156 of the Act. It is the case of the Petitioners that pursuant to the Recovery Certificate, auction sale of the property belonging to the borrower was done as per law on 16th January 2007 and thereafter Respondent No.3 gran
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.
Non-compliance with the requirement to deposit the remainder of the purchase money within the specified time renders the auction sale a nullity.
Mandatory conditions for auction sales under the Maharashtra Co-operative Societies Act cannot be waived; violation results in nullity of the sale and requires fresh proceedings.
The borrower failed to apply to the Recovery Officer to set aside the auction sale on the grounds of material irregularity, mistake or fraud in publishing or conducting it within a period of thirty d....
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....
Confirmed auction sales cannot be set aside for alleged inadequacy of price or lack of publicity without proof of fraud or substantial injury.
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....
Mortgage - Auction sale of immovable property - Challenged - Auction sale of said Property conclusion of same in favour of Respondents. 3 and 3A and issuance of Sale Certificate are void and legally ....
An application under Rule 52 (13) (i) of the Andhra Pradesh Cooperative Societies Rules, 1964, to set aside a sale of mortgaged property must be filed within 30 days from the date of sale. Failure to....
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