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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Anoop V. Mohta, Nutan D. Sardessai, JJ
Pradeep J. Kaunte v. Goa State Co-operative Bank Ltd. Panaji Goa and Others
| Table of Content |
|---|
| 1. petitioner's challenge to auction sales and awards. (Para 1 , 2 , 3) |
| 2. importance of membership in banking procedures. (Para 10 , 11) |
| 3. fraud allegations require timely substantiation. (Para 18 , 19) |
| 4. finality of the sale confirmation process. (Para 22 , 23) |
| 5. legal challenges must follow procedural law. (Para 24 , 25) |
1. Petitioner, a borrower has, challenged the orders as his prayer to set aside Award dated 23.2.1998 and the Sale Certificate (first sale) were rejected. So also the prayers to quash and set aside the second sale and the sale deed dated 11.6.2006 executed by respondent no.1 (the bank) in favour of respondent no.8.
2. This Court initially had passed an order of status quo on 25th October, 2006. By an order dated 16th November, 2006 directed the petitioner to deposit the amount. The amount was deposited. On 20th December, 2006, this Court admitted the matter. The matter is called out for final hearing. Heard finally after 11 years.
3. The petitioner's mortgaged property is transferred to respondent no.8. The same was sold by the bank in second sale. The bank is not disputing the position. The record itself speaks, so also the orders passed by this Cou
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