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2015 (6) TMI 1215 - HC - Indian LawsReview application - error apparent on the face of record or not - alleged failure and/or refusal of the Judgment-debtor, to clear the bills raised by the applicant respondent No. 1 on the Judgment-debtor - whether the movable properties of the Judgment debtor could have been sold to the appellant, Amrit Fresh Private Ltd. under the provisions of the SARFAESI Act? - HELD THAT:- An application for review on the ground of discovery of fresh evidence is also to be refused, unless it can be shown that such evidence could not have been produced at the time of hearing, in spite of diligence. It is well-settled that an apparent error on the face of the record may be a ground for review. However, it is to be shown that the error is so manifest and clear that no Court would permit such an error to remain on record. It is true that the error is not limited only to facts but may also include errors of law, but the law must be definite and capable of ascertainment. An erroneous view of the law on a debatable point or a wrong exposition of law or a wrong application of the law or a failure to apply the proper law cannot be considered a mistake or error apparent on the face of the record. Thus, an order may be reviewed where the Court has failed to consider important facts on record, or provisions of law, which go to the root of the jurisdiction of the Court, or where the Court fails to consider an important plea or issue, or where the case is an exceptional one, as the point involved is one of general importance. The seller, that is, Indian Bank, would not accept any claim or responsibility on this account, and would not be held accountable or be asked to reimburse any amount in this regard. Clause 13 covers claims, disputes or litigation relating to the property and not money claims against the owner of the property. The contention that the appellant, Amrit Fresh Pvt. Ltd. was liable to satisfy the dues of the Judgment-debtor in terms of the award, cannot therefore be sustained. The sale may have been made on "as is where is and as is what is basis" as observed by the learned Single Bench. However, the Hon'ble Appeal Court very rightly found that there was no basis for the finding of the Single Bench that the properties of the Judgment-debtor purchased by the appellant Amrit Fresh Pvt. Ltd. under the SARFAESI Act were encumbered. The Hon'ble Appeal Court rightly held that the appellant, Amrit Fresh Pvt. Ltd., the purchaser in an auction sale, for valuable consideration had no liability to discharge the debts of the Judgment-debtor. The application for review is dismissed.
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