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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Sherpur Rice Mills – Appellant
Versus
Pungrain – Respondent
JUDGMENT :
Deepak Gupta, J.
Present appeal has been preferred by the appellant, who is one of the Judgment debtor, against the order dated 05.09.2023, passed by the Executing Court of Ld. Additional District Judge, Sangrur in Execution Petition No.205 of 2018 [CNR N: PBSG01-003091-2018] titled as PUNGRAIN Vs. M/s Noor Agro Industries and another', whereby objections filed by the appellant-JD under Order XXI Rule 90 CPC have been dismissed; and the Execution Petition has been disposed of by confirming the sale in favour of the auction purchaser-respondent No.3.
2.1 Facts of the case, in brief, are that JD N: 2 (appellant herein) is a partnership firm operating under the name of M/s Sherpur Rice Mills situated at Village Sherpur, Tehsil Dhuri, District Sangrur. On 19.10.2015, said appellant had entered into a lease agreement with JD N: 1 M/s Noor Agro Industries (respondent No.2 herein), whereby the said rice mill was leased to M/s Noor Agro Industries, a proprietorship firm through its proprietor-Jiwan Kumar. On 23.10.2015, decree holder - Punjab State Grains Procurement Corporation Ltd. (PUNGRAIN') [respondent No.1 herein] and respondent No.2-M/s Noor Agro Industries-JD No.1 executed
Unless there is material irregularity, which has resulted in causing substantial injury to judgment-debtor in conducting sale, question of interference by setting aside sale which was conducted by co....
A sale under Order XXI Rule 90 can only be set aside if the applicant proves both material irregularity and substantial injury resulting from it.
The court upheld the validity of the execution sale, ruling that the appellant failed to prove material irregularities or substantial injury, affirming the finality of the trial court's decree.
The execution sale was declared null and void due to the execution court's lack of jurisdiction from the absence of a required certificate from the Registrar, which is mandatory for the award to be e....
The executing court must ensure only necessary property is sold to satisfy a decree, and dismissal of a claim under Order XXI Rule 58 does not bar a subsequent application under Order XXI Rule 90 for....
The main legal point established is that an auction sale can be set aside if there are substantial irregularities and fraud, and the application to set aside the sale was filed within the limitation ....
Point of Law : Auction Sale - Once rateable distribution among two or more decree holders is ordered, it is always desirable to consolidate all the related Execution Petitions and are proceeded joint....
whether Section 35 of the Act is mandatory or directory the sale held in violation of the said provision is only illegal but not a nullity and therefore, it can be set aside only in the manner and th....
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