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Tuesday, November 26, 2024

THIRD PARTY AUCTION PURCHASER RIGHTS ARE PROTECTED


Ashwin S. Mehta v. Custodian, (2006) 2 SCC 385

Rights of auction purchaser – Bona fide purchaser for value in auction is on different footing than a decree holder purchasing such property (¶¶ 70-72)

Sadashiv Prasad Singh v. Harendar Singh, (2015) 5 SCC 574

Third party – auction purchaser rights – auction purchaser's rights continues to be protected notwithstanding the underlying decree is set aside.

Once sale is confirmed by authority, rights accrue in favour of the auction purchaser and these rights cannot be extinguished unless fraud or collusion is proved .  [¶¶ 17-19 ]

1 comment:

  1. UnknownMarch 24, 2026 at 7:19 PM

    Auction Confirmation Does Not Preclude Judicial Review Of Valuation

    In Om Sakthi Sekar v. V. Sukumar & Ors., a Division Bench comprising
    Justices J.B. Pardiwala and R. Mahadevan held that confirmation of an
    auction sale does not bar courts from examining the adequacy of valuation
    or the correctness of the reserve price. The Court clarified that judicial
    scrutiny remains permissible where questions regarding proper valuation
    arise.

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