MANISH CHOUDHURY
Trishila Chetry @ Trishna Chetry, Wo. Sri Hemanta Kumar Sharma – Appellant
Versus
State Of Assam, Rep. By Its Chief Secretary To The Govt. Of Assam – Respondent
JUDGMENT :
Heard Ms. B.S. Goyal, learned counsel for the petitioner; Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 1, 2, 3 & 4; and Mr. A. Ganguly, learned counsel for the respondent nos. 5, 6 & 7.
2. The facts projected in this writ petition can be narrated, in brief, as follows :-
2.1. In the year 2019, the respondent no. 8 and the respondent no. 9 approached the petitioner and her husband offering to sale the second floor of one RCC building which was under construction then on a plot of land belonging to them. After arriving at a mutual agreement, the petitioner agreed to purchase the second floor area measuring 1600 Sq. Ft. of the then under-construction RCC building which was being constructed at a plot of land, measuring 14 Lessas and covered by Dag no. 536 and K.P. Patta no. 618, situate at Village – Sorumotoria, Mouza – Beltola, Revenue Circle – Dispure, District – Kamrup [M], Assam [‘the subject-plot’, for short]. To that effect, the petitioner on one part and the respondent no. 8 and the respondent no. 9 on the other part executed a registered Agreement of Sale on 08.05.2019. It is the case of the petitioner that initially, the petitioner
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The SARFAESI Act mandates exhausting statutory remedies before seeking extraordinary relief under Article 226; procedural compliance is essential, and the auction process cannot be set aside absent s....
Writ court directs SARFAESI auction sale registration despite delays, relegates possession and property disputes to civil court.
The court reinforced that compliance with statutory notice requirements and fair valuation is essential in property auctions under the SARFAESI Act to protect borrower rights.
The court held that the petitioners, as successful bidders in the e-auction, were entitled to have the sale deed executed in their favor as individuals, despite participating in the auction as a grou....
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....
The sale certificate under the SARFAESI Act is sufficient for title transfer, negating the need for further registration, and the High Court should not intervene in SARFAESI proceedings when alternat....
Mandatory compliance with procedural requirements under the SARFAESI Act is essential; failure to adhere prejudices borrowers' rights and invalidates auction proceedings.
No one can be permitted to get benefit of his own wrong and cannot be permitted to get benefit of a void transaction.
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