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Indian Laws - Highlights / Catch Notes

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Right of the auction purchaser - Validity of Auction of ...


Supreme Court Upholds Auction Validity, Rules Against Exploiting Void Transactions in Debt Recovery Tribunal Case.

May 4, 2023

Case Laws     Indian Laws     SC

Right of the auction purchaser - Validity of Auction of properties of borrower by the Bank - Borrower sold the property subject to decision of DRT before auction by Bank - decree for specific performance of the agreement to sale - Even at the time when the respondent no.1 entered into the agreement to sale/MoU he was aware about the proceedings pending before the DRT which is apparent from Clause 4 of the MoU. Therefore, respondent no.1 and/or his heirs cannot be permitted to get the benefit of his own wrong and cannot be permitted to get the benefit of a void transaction - Decided in favor of auction purchaser - SC

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