The court dismissed the petition challenging the auction process ...

Auction purchaser's claims rejected after property released from attachment under state depositors act.

Case Laws     Indian Laws

October 29, 2024

The court dismissed the petition challenging the auction process for sale of the property and seeking refund of the purchase price paid by the petitioner as the successful auction purchaser. The property was initially attached by the competent authority under the Maharashtra Protection of Interest of Depositors (MPID) Act due to the financial establishment's failure to return deposits. Subsequently, the designated court released the property from attachment, enabling its sale through auction under due process of law. The court held that once the property vested in the competent authority and was sold to the petitioner after lifting the attachment, the petitioner could enjoy the property without requiring title deeds. The court clarified that the secured creditor's rights flow from agreements creating security interest, which was not applicable in this case involving attachment under the MPID Act. Consequently, the petitioner's claims for refund, interest, damages, and compensation were rejected as lacking merit.

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