Supreme Court - Daily Orders
Sanjay vs Anil S/O Shankarsa Pawar . on 25 April, 2016
Bench: A.K. Sikri, R.K. Agrawal
1
ITEM NO.42 COURT NO.12 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 5700/2014
(Arising out of impugned final judgment and order dated 04/12/2013
in CRA No. 68/2012 passed by the High Court of Bombay at Nagpur)
SANJAY Petitioner(s)
VERSUS
ANIL S/O SHANKARSA PAWAR AND ANR Respondent(s)
(with interim relief and office report)
(For final disposal)
Date : 25/04/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE R.K. AGRAWAL
For Petitioner(s) Mr. Satyajit A. Desai, Adv.
Mr. S.L. Alashpurkar, Adv.
Ms. Anagha S. Desai,Adv.
For Respondent(s) Mr. Nitin Bhardwaj,Adv.
Mr.Praveen Chaturvedi, Adv.
Mr. Praveen Chaturvedi,Adv.
UPON hearing the counsel the Court made the following
O R D E R
The dispute is about the auction of property known as Survey No.53/2/A at Mouze Nimbhord, Prayane, Badnera, TQ & Distt.
Amravati in execution proceedings. The petitioner herein was a judgment-debtor and the main contention was that the property as on the date of auction, i.e. in the year 2008 was worth Rs.65,64,000/-
(Rupees Sixty Five Lakhs and Sixty Four Thousand only) and which Signature Not Verified Digitally signed by USHA RANI BHARDWAJ Date: 2016.04.26 12:57:36 IST was sold for a partly amount of Rs.5,50,000/- (Rupees Five Lakhs Reason:
and Fifty Thousand only) to the respondent herein (auction 2 purchaser). During the arguments it was brought to our notice that the property in question was already mortgaged with the Maharashtra State Financial Corporation. In order to have a holistic view of the matter, it would be appropriate to find out as to what are the dues payable by the Financial Corporation. For this purpose, we are issuing notice to the Maharashtra State Financial Corporation which is added as respondent No.3 herein.
Amended memo of parties be filed and notice be served on the Maharashtra State Financial Corporation, returnable in eight weeks.
(USHA BHARDWAJ) (SAROJ SAINI)
AR-CUM-PS COURT MASTER