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may 2017

Supreme Court of India · 2017-05-02

Chilamkurti Bala Subrahmanyam vs Samanthapudi Vijaya Lakshimi & Anr

Citation / case number
AIR 2017 SUPREME COURT 2443
Court
Supreme Court of India
Petitioner
Chilamkurti Bala Subrahmanyam
Respondent
Samanthapudi Vijaya Lakshimi & Anr
Author
Abhay Manohar Sapre
Bench
Abhay Manohar Sapre, R.K. Agrawal

Judgment text excerpt

The Supreme Court held that the provisions of Order 21 Rule 90 of the Code of Civil Procedure, 1908 allow a judgment debtor to challenge an auction sale on grounds of irregularity in the sale process. The Court emphasized that the auction sale can be set aside if the judgment debtor demonstrates that the irregularities caused substantial injury to their interests. In this case, the Court found that the auction was conducted without proper adherence to the procedural requirements, leading to the setting aside of the sale in favor of the judgment debtor.

Chilamkurti Bala Subrahmanyam vs Samanthapudi Vijaya Lakshimi & Anr · Niyam