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TMI Blog2018 (9) TMI 2127X X X X Extracts X X X X X X X X Extracts X X X X ..... r, Swarupama Chaturvedi, Amit Sharma, M.P. Shorawala and T. Mahipal, Advs. JUDGMENT Madan B. Lokur, J. 1. Leave granted in S.L.P.(C) No. 21229 of 2007. 2. A narrow question arises for consideration in these appeals, namely, whether the Allahabad High Court was right in setting aside a confirmed auction sale despite there being no objection to it. In our opinion, the High Court was in error in setting aside the auction of the land belonging to the private Respondents (Alok Mitra, Ashok Mitra, Deepak Mitra, Manmohan Mitra and Madhurima Ghosh) and thereby prejudicing the rights of the Appellants. 3. The private Respondents were having businesses under the name and style of Mitra Prakashan Ltd. and Maya Press Ltd. It appears that the busin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le shall be final. 7. One of the private Respondents (Alok Mitra) filed an application/objections on 16th December, 2004. The cause title of the application/objections mentioned the name of all the private Respondents that is, Alok Mitra, Ashok Mitra, Deepak Mitra, Manmohan Mitra and Madhurima Ghosh. However, on a perusal of the application/objections placed before us in original, we found that it was signed only by the advocate R.K. Pandey. The vakalatnama given to the advocate was signed only by Alok Mitra. One of the issues raised before us was whether the application/objections were filed by Alok Mitra or by all the private Respondents. 8. Be that as it may, in our opinion, the application/objections were filed only by Alok Mitra and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and liabilities incurred by them. 12. On or about 1st April, 2005 Sachdeva got the subject land converted to freehold and a little later in May 2005, he sold a part of it to Pawan Kumar Agarwal (also an Appellant). 13. After the aforesaid transaction, an application was filed by the private Respondents other than Alok Mitra before the Competent Authority on 19th May, 2005 in which a prayer was made to recall the order of 24th January, 2005 permitting withdrawal of the application/objections filed by Alok Mitra. The averments made in the application in paragraphs 3 and 4 are significant and read as follows: 3. That the applicants had never given a power of attorney to the opposite party No. 6 Alok Mitra to act for them and on their beha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Agarwal to prefer the present appeals in this Court. 16. As mentioned above, on these facts, the only question for our consideration is whether the High Court was in error in setting aside the confirmed auction sale. 17. It is quite clear from the narration of facts that the objections raised to the auction sale were only by Alok Mitra, who did not communicate the objections to the District Magistrate in time. No other objection was raised to the auction sale and it was duly confirmed by the District Magistrate. Alok Mitra later withdrew his objections. 18. The other private Respondents contended that even they were parties to the objections filed by Alok Mitra. We cannot agree for the simple reason that the objections were signed only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents on the basis of the amounts received by them from the Competent Authority. In any event, the conduct of the private Respondents is a clear indication, if any is required, that they had no objection to the auction sale. 20. Through their conduct, in failing to file objections to the auction sale and making an application and accepting the excess amount recovered from the auction sale, the private Respondents have waived off their rights in respect of the auction sale and have acquiesced in the auction sale. Today, the private Respondents are estopped through their conduct from challenging the auction sale in any manner whatsoever. 21. In Waman Shriniwas Kini v. Ratilal Bhagwandas & Co. 1959 Supp (2) SCR 217 it was observed as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X
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