GOPINATH P.
Universal Agencies, Represented By Its Managing Partner Madhukant R. Shah, S/o. Ratilal Doongersi Shah – Appellant
Versus
State Bank of India, Represented By The Chief Manager – Respondent
JUDGMENT :
Vigilantibus et non dormientibus jura subveniunt (the law assists those who are vigilant and not those who are indolent). If there is a case that calls upon this Court to apply the principle contained in the above maxim, this is it.
2. These writ petitions are intrinsically connected with each other and essentially relate to the same subject matter. Therefore, they can be conveniently disposed of by common judgment. W.P(C.) No.16718 of 2016 is filed praying inter alia for a direction to the State and Revenue officials, namely respondents 1, 2, 3 and 4 in that writ petition not to effect mutation with regard to 1.70 acres of land in Sy.Nos.848/1A/1/1, 848/1D, 847/6A and 847/6B in Mullackal Village and another 35.073 cents in Sy.Nos.515/7A/2 and 515/6B/2 of Alappuzha West Village in Ambalapuzha Taluk of Alappuzha District, in the name of respondents 5, 6, 9, 10, 13 (13th respondent has subsequently been deleted from the array of parties) or anybody claiming under them. W.P.(C.) No.6557 of 2017 has been filed challenging Ext.P16 order dated 07.10.2002 of the Debts Recovery Tribunal, Ernakulam in O.A.No.115/2002 and also seeking to quash the sale proclamation in D.R.C No.103
The principle of 'vigilantibus et non dormientibus jura subveniunt' was applied, emphasizing that the law assists those who are vigilant and not those who are indolent.
The 'Henderson Principle', as a component of the abuse of process doctrine, bars parties from raising grounds of attack in subsequent litigation that could and should have been raised in earlier proc....
The court established that adherence to statutory processes for property sale was observed, and petitioners failed to pursue available legal remedies, justifying dismissal.
The court upheld the dismissal of a writ petition due to the availability of an alternative remedy under the Recovery of Debts and Bankruptcy Act, emphasizing the need for statutory compliance in auc....
The court emphasized the importance of following the procedure under the SARFAESI Act for the sale of property and upheld the applicability of the limitation period.
Failure to comply with the provisions of Section 13(8) of the SARFAESI Act, 2002 and the availability of an alternative remedy before the Debts Recovery Tribunal rendered the writ petition not mainta....
Point of Law – The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution This power can be exercise....
The failure to provide proper notice in a revenue recovery auction constitutes a substantial injury, rendering the sale vitiated and necessitating a fresh sale.
Procedural compliance in auction sales is mandatory, and non-compliance renders such sales void.
The judgment emphasizes the finality of sale transactions, the need to balance the interests of defaulters and creditors, and the importance of following the statutory provisions for challenging the ....
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