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january 2013

Supreme Court of India · 2013-01-09

C.N.PARAMSIVAN vs SUNRISE PLAZA TR.PARTNER .

Citation / case number
SC 2010/19730
Court
Supreme Court of India
Petitioner
C.N.PARAMSIVAN
Respondent
SUNRISE PLAZA TR.PARTNER .
Author
T.S. THAKUR
Bench
GYAN SUDHA MISRA T.S. THAKUR

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellants' writ petition challenging the orders of the Debt Recovery Appellate Tribunal, which had confirmed an ex-parte decree in favor of the Indian Bank under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Court emphasized that the appellants, as successful bidders in a public auction, had acquired rights to the mortgaged property despite the respondents' attempts to set aside the auction sale. The ruling clarified the legal standing of bidders in such auctions and reinforced the finality of the Debt Recovery Tribunal's orders when not contested appropriately by the judgment-debtors.

C.N.PARAMSIVAN vs SUNRISE PLAZA TR.PARTNER . · Niyam