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october 1996

Supreme Court of India · 1996-10-29

MOTORS & INVESTMENTS LIMITED vs THE NEW BANK OF INDIA .

Citation / case number
SC 1991/78530
Court
Supreme Court of India
Petitioner
MOTORS & INVESTMENTS LIMITED
Respondent
THE NEW BANK OF INDIA .
Author
G.B. PATTANAIK K. RAMASWAMY
Bench
G.B. PATTANAIK K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the Division Bench of the Madras High Court erred in setting aside the sale of 44 acres of land, which was confirmed by the Single Judge after the appellant's highest bid of Rs.77,500 was accepted. The Court emphasized that the respondents failed to comply with the requirement to deposit 10% of their offer, indicating a lack of sincerity in their bidding. The Court reinstated the sale, establishing that a confirmed sale should not be set aside without just cause, thereby upholding the principles of auction sales under insolvency proceedings.

MOTORS & INVESTMENTS LIMITED vs THE NEW BANK OF INDIA . · Niyam