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march 1974

Supreme Court of India · 1974-03-20

KAYJAY INDUSTRIES (P) LTD. vs ASNEW DRUMS (P) LTD. & ORS.

Citation / case number
SC 1972/60311
Court
Supreme Court of India
Petitioner
KAYJAY INDUSTRIES (P) LTD.
Respondent
ASNEW DRUMS (P) LTD. & ORS.
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court held that under Section 32(8) of the State Financial Corporation Act, 1951, the Civil Procedure Code applies to proceedings for the realization of dues, making Order 21, Rule 90 applicable. The Court emphasized that a sale can be set aside for material irregularity causing substantial injury to the judgment-debtor, but mere inadequacy of price does not invalidate a court sale. The Court allowed the appeal, reinforcing that courts must realistically appraise bids and not adjourn sales indefinitely in pursuit of higher offers.

KAYJAY INDUSTRIES (P) LTD. vs ASNEW DRUMS (P) LTD. & ORS. · Niyam