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N. SATHISH KUMAR
S. Balaji – Appellant
Versus
M. Vikash Kumar – Respondent
ORDER :
(N. SATHISH KUMAR, J.)
(Prayer:- Civil Revision Petition filed under Section 115 of Code of Civil Procedure, 1908, to set aside the docket order passed in E.P.No.5441 of 2022 on the file of the XXV Assistant Judge, City Civil Court, Chennai in O.S.No.5769 of 2022 on the file of the Additional Judge, City Civil Court, Chennai dated 03.10.2024.)
Challenge has been made to the impugned docket order passed by the Executing Court rejecting the request of the petitioner to extent the time to another 45 days to deposit full amount of purchase money.
2. The petitioner was successful auction purchaser in auction conducted by the Trial Court in E.P.No.5441 of 2022 in O.S.No.5769 of 2022. The total purchase money is Rs.1,40,65,000/-. The petitioner has deposited 25% of the total amount of purchase, however, he has not deposited the remaining amount within a period of 15 days as mandated under law. At this stage, the petitioner sought permission to extend the time by another 45 days to deposit the remaining purchase money. The Trial Court declined to grant time. Challenging the same, this revision is filed.
3. The learned counsel for the petitioner submitted that he had already deposited a
The mandatory provisions of CPC regarding auction sales do not allow for extension of time to deposit the remaining purchase money, but the court may return the deposit after deducting expenses.
The auction purchaser's failure to deposit the balance amount within the stipulated time results in forfeiture of the deposit, with no provision for refund under the CPC.
The trial Court has jurisdiction to extend the time for deposit under Order 21 Rule 85 of the Code of Civil Procedure, provided the delay is due to circumstances beyond the auction purchaser's contro....
Strict compliance with CPC provisions is mandatory; court delays can justify extensions for deposit payment.
The court ruled that failure to deposit the mandatory 25% bid amount in a court auction renders the sale void, necessitating a resale, and coercive measures against the auction purchaser are not perm....
An auction purchaser cannot claim ownership or additional payments until the auction sale is confirmed, and the 5% penalty only applies to actual amounts deposited as per CPC provisions.
Courts possess discretion under CPC and the Specific Relief Act to extend deadlines for contract performance, reflecting on claimants' willingness and circumstances surrounding payment delays.
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