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Indian Laws - Highlights / Catch Notes

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

Indian Laws

May 4, 2023

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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