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may 2007

Supreme Court of India · 2007-05-02

M/S. Shilpa Shares And Securities And ... vs The National Co-Operative Bank Ltd. And ...

Citation / case number
AIR 2007 SUPREME COURT 1874
Court
Supreme Court of India
Petitioner
M/S. Shilpa Shares And Securities And ...
Respondent
The National Co-Operative Bank Ltd. And ...
Author
Markandey Katju
Bench
S. B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that under Rule 107(11)(g) of the Maharashtra Co-operative Societies Rules, 1961, the failure to pay 85% of the purchase money within 15 days renders the auction sale a nullity, as established in Manilal Mohanlal Shah v. Sardar Sayed Ahmed Sayed Mahmad and Balram v. Ilam Singh. The Court found that the auction sale of the appellant's property was invalid due to non-compliance with mandatory requirements, thus allowing the appeals and setting aside the Bombay High Court's judgment.

M/S. Shilpa Shares And Securities And ... vs The National Co-Operative Bank Ltd. And ... · Niyam