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2012 (8) TMI 1098 - HC - Indian LawsAction sale - Invalid Sale - provisions of the SARFAESI Act - Held that:- In the case on hand, the Authorised Officer conducted the auction proceedings and later issued an order of confirmation, in total violation of the order passed by this Court. As observed by the Supreme Court in All Bengal Excise Licensees' Association [2007 (3) TMI 799 - SUPREME COURT OF INDIA] it is the duty of the Court to set the wrong right and not allow the perpetration of the wrong doing. We, therefore, by following the Full Bench judgment of this Court in Century Flour Mills v. S. Suppiah [1975 (3) TMI 60 - HIGH COURT OF MADRAS]) cancel the auction held on 7 January 2011. Since the Authorised Officer of the Bank violated the mandatory provisions of the SARFAESI Act and the Rules made thereunder and suppressed material particulars and made false statements to take possession of property stating that it was sold to Mr.S.Manisekaran not withstanding the fact that he was not a bidder and obtained an order against a dead person, the impugned order passed by the learned Chief Metropolitan Magistrate on such factual background also must be set aside. Order on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai is set aside. The learned Chief Metropolitan Magistrate is directed to put the petitioner in vacant possession of the property by deputing the very same Commissioner or another Advocate Commissioner within two weeks from the date of receipt or production of a copy of this order. It is open to the learned Chief Metropolitan Magistrate to take police assistance. The Authorised Officer of the Bank is directed to assist the learned Chief Metropolitan Magistrate and/or the Advocate Commissioner to effect re-delivery to the petitioner or her authorised agent.
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