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[Cites 0, Cited by 0] [Section 21] [Entire Act]

Union of India - Subsection

Section 21(14) in Multi-State Co-Operative Societies (Privileges, Properties and Funds, Accounts, Audit, Winding Up and Execution of Decrees, Orders and Decisions) Rules, 1985

(14)
(i)At any time within thirty days from the date of the sale of immovable property, the decree holder or any person entitled to share in a rete able distribution of the assets or whose interests are effected by the sale, may apply to the Recovery Officer to set aside the sale on the ground of a material irregularity or mistake or fraud in publishing or conducting it:
Provided that, no sale shall be set aside on the ground of irregularity or fraud unless the Recovery Officer is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud.
(ii)If the application be allowed, the Recovery Officer, shall set aside the sale and may direct a fresh one.
(iii)On the expiration of thirty days from the date of sale if no application to have the sale set aside is made or if such application has been made and rejected the Recovery Officer shall make an order confirming the sale:
Provided that, if he shall have reason to believe that the sale ought to be set aside notwithstanding that no such application has been made or on grounds other than those alleged in any application which has been made and rejected) he may, after recording his reasons in writing, set aside the sale.
(iv)Whenever the sale of any immovable property is not so confirmed or is set aside) the deposit or the purchase money, as the case may be, shall be returned to the purchaser.
(v)After the confirmation of any such sale, the Recovery Officer shall grant a certificate of sale bearing his seal and signature to the purchaser, and such certificate shall state the property sold and the name of the purchaser and it shall be conclusive evidence of the fact of the purchase in all courts and tribunals, where it may be necessary to prove it and no proof of the seal or signature of the Recovery Officer shall be necessary unless the authority before whom it is produced shall have reason to doubt its genuineness.
(vi)An order made under this sub-rule shall be final, and shall not be liable to be questioned in any suit or other legal proceedings.