Supreme Court of India · 2013-08-05
RAJESWARI(D) BY LRS. vs OFFICIAL ASSIGNEE
- Citation / case number
- SC 2008/30901
- Court
- Supreme Court of India
- Petitioner
- RAJESWARI(D) BY LRS.
- Respondent
- OFFICIAL ASSIGNEE
- Author
- M.Y. EQBAL H.L. DATTU
- Bench
- M.Y. EQBAL H.L. DATTU
Judgment text excerpt
The Supreme Court held that the rejection of the appellant's application by the High Court was erroneous, as the appellant's name was included in the list submitted by the Official Assignee, which should have been given precedence over the Advocate Commissioner's report. The Court emphasized that the Official Assignee's findings were valid and should have led to the execution of the sale deed in favor of the appellant. Consequently, the Supreme Court set aside the High Court's order and directed the Official Assignee to execute the sale deed in favor of the appellant, thereby upholding the rights of the appellant under the Presidency Towns Insolvent Act of 1909.