Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

Bonafide purchasers - Auction sale held in favour of appellant - ...


Auction Sale Voided Due to Bank's Non-Compliance with Notice Requirements Under Security Interest Rules 2002.

May 8, 2024

Case Laws     Indian Laws     SC

Bonafide purchasers - Auction sale held in favour of appellant - sale challenged on the ground that the Bank had not followed the statutory procedure prescribed under the Security Interest (Enforcement) Rules, 2002 - Issuance and service of mandatory notices to the borrower as required under Rules 8(6) and 8(7). - Despite being bonafide purchasers for value, the court upholds the decision to set aside the sale due to the bank's non-compliance with statutory provisions. The status of the appellants as tenants is restored, allowing the borrower to evict them in accordance with the law.

View Source

 


 

You may also like:

  1. Auction of assets by the Bank - sale certificate issued with encumbrances - The petitioner Bank filed the present writ petition seeking a direction against the...

  2. ITAT adjudicated a tax assessment dispute regarding the validity of notice u/s 143(2). The tribunal found that the notice was issued to an incorrect/non-existing...

  3. HC held that secured creditor's rights take precedence over government tax dues, affirming a fundamental banking law principle. The court validated the auction sale of...

  4. 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...

  5. Right of Auction Purchaser of property - Recovery of Outstanding dues of Bank and tax dues under the VAT / sales tax act - Priority of claims - Attachment order - The...

  6. IBBI has mandated that all Insolvency Professionals must exclusively use the Baanknet auction platform (formerly eBKray) for conducting liquidation asset sales where...

  7. Recovery of tax dues - Right of auction purchaser of the property - Since the petitioner had purchased in the auction sale conducted by the bank under the provisions of...

  8. The Income Tax Appellate Tribunal (ITAT) held that every non-compliance with a notice u/s 142(1) gives a separate cause of action for levying penalty u/s 271(1)(b)....

  9. The court held that the petitioner-bank's registered security interest with CERSAI, dated 17th March 2017, has priority over the dues claimed by the GST and Sales Tax...

  10. Penalty u/s 271(1)(c) - non-compliance of notice issues - if the quantum proceedings itself are declared to be bad in law and quashed , then any non compliance on the...

  11. SC held that the respondent was aware of auction sale notice and participated in auction process. Despite no proof of notice service, respondent knew of auction....

  12. The Punjab and Haryana High Court addressed the legal right of a Hindu Undivided Family (HUF) to challenge auction proceedings of properties owned by the HUF. The court...

  13. Under the SARFAESI Act, a bank's charge takes priority over the State's claim for outstanding dues related to specific land. The High Court held that the charge created...

  14. IBC - Auction sale - The outstanding dues of the property tax relating to period prior to sale confirmation are thus dues that are akin to claim of an unsecured creditor...

  15. HC found the writ petition maintainable, quashing the sale certificate and declaring it null and void. The court ordered respondent No. 1 to refund Rs. 9,93,752.94 with...

 

Quick Updates:Latest Updates