Back
VIPIN SANGHI, REKHA PALLI
Allahabad Bank – Appellant
Versus
Shipra Pandey – Respondent
JUDGMENT
Vipin Sanghi, J. (Oral) - This Letters Patent Appeal is directed against the judgment dated 24.07.2019 passed by the learned Single Judge in W.P.(C) No.3984/2018 preferred by the respondent No. 1. By the impugned judgment, the learned Single Judge allowed the said writ petition and held that the respondent No.l/ writ petitioner was entitled to refund of the sale amount of Rs. 1,33,45,000/-. The learned Single Judge also directed that the respondent No. 1 shall be entitled to refund of the expenditure incurred by her one-stamp duty to the tune of Rs.5,30,800/- and a further amount of Rs. 1,33,700/- towards the registration charges in respect of the sale certificate/deed. Respondent No. 1 had raised a certain bill to contend that she had incurred expenditure on renovation of the property in question and, in respect thereof, the appellant bank was directed to appoint a valuer from its panel to assess the value of the work carried out by the respondent No. 1 for renovation of the property in question within eight weeks. The learned Single Judge directed that the amount valued shall be paid to the respondent No.l/ writ petitioner within two weeks of such valuation. The aforesaid
The duty of the authorized officer to disclose material defects in the property's title overrides the defense of selling the property 'as is where is'. However, after a change in the fundamental scen....
A seller in a property auction must disclose encumbrances; failure to do so can lead to liability, but changed circumstances may alter obligations.
The duty of the bank to disclose encumbrances and material defects in the title of the auctioned property, as mandated by Rule 8(6)(f) of the Security Interest (Enforcement) Rules, 2002, and the requ....
A Sale Certificate issued by a third party assignee in contravention of a restraint order is void ab initio and cannot be given effect to.
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....
The main legal point established in the judgment is the maintainability of a writ petition under Article 226 despite the availability of an alternative remedy, based on the peculiar facts of the case....
Bank must disclose known encumbrances in SARFAESI auction; failure entitles purchaser to refund with interest.
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
