Back
DEVENDRA KUMAR UPADHYAYA, M. M. SATHAYE
Lemon Seeds Hospitality Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(M.M. Sathaye, J.) :
1. Heard the learned Counsel for the appearing parties. Perused the record.
2. By this Petition under Article 226 of the Constitution of India, the Petitioner - a private limited company registered and incorporated under the Companies Act, 1956, is praying for quashing and setting aside the auction process in respect of sale of the subject property bearing No. 193/1, Village – Devali, Mehrauli, New Delhi (popularly known as ‘Sainik Farm Area’). The Petitioner is also challenging the auction in which the Petitioner itself is declared as successful auction purchaser. The challenge is on the ground of alleged suppression of material facts in contravention of section 55(1)(a) of the Transfer Of Property Act, 1882. The Petitioner is further seeking directions to the Respondent Nos. 2 and 3 / State to pay damages of Rs.5,00,00,000/- to the Petitioner for making the Petitioner participate in the auction process. The Petitioner is further seeking refund of the entire amount of purchase price of Rs.8,13,60,000/- paid by it alongwith interest @ 18% p.a. The Petitioner is also praying for restraining the Respondent No. 3-State from parting with or disposing of th
Important Point : The court established that auction terms can create a contract contrary to the obligations under Section 55(1)(a) of the Transfer of Property Act, emphasizing buyer diligence.
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 ....
The seller's duty to disclose material defects and encumbrances in property sales is paramount, and failure to do so can invalidate the sale.
The specific and stringent conditions of an auction sale notice, the waiver of statutory rights by the purchaser, and the inapplicability of precedent in determining the legal position under the SARF....
Unregistered documents do not confer ownership of immovable property; valid title requires registration under the Transfer of Property Act.
A secured creditor, who got registration of security interest, has priority in the matter of payment of the dues over all other debts and all revenues, taxes, cesses and other rates payable to the Ce....
Mandatory compliance with procedural requirements under the SARFAESI Act is essential; failure to adhere prejudices borrowers' rights and invalidates auction proceedings.
A transferee from a judgment debtor during pending execution proceedings has no right to enforce claims against a valid auction purchaser, as the transfer is void under sections of the CPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
