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Showing contexts for: itcot in Sri Lakshmi Homes Private Limited vs M/S.Pachaiyammal Educational Trust on 17 December, 2025Matching Fragments
12. The learned Senior Counsel for the appellant would mainly contend that fraud nullifies all solemn acts. It is contended that though the appellant is a third party to the suit, he is an agreement holder and the parties to a suit under Section 92 CPC are not confined to the plaintiff and the defendants, but include all those who have interest in the Public Trust. Market price was not ascertained and no reserve price was fixed. No proper publication of sale was made. None of the mandatory requirement for publication has been followed. Valuation report filed by the Industrial and Technical or Consultancy Organisation of Tamil Nadu Limited (ITCOT) would show that market value of the schedule property is Rs.72,88,10,000/- https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/12/2025 03:43:49 pm ) (Rs.3,10,000/- per cent). The appellant is ready and willing to purchase the schedule property for the said price. In the interest of justice, a fresh public auction is to be conducted by strictly complying with the procedures and the established principles. In the present case, the purchaser is not entitled to any equity and alleged expenditure incurred by the 3rd respondent, is not based on any record and deserves no merit consideration. The procedures for conducting public auction has been well settled by the Courts and therefore, the present judgment and decree running counter to law and established principles for conduct of public auction. VII. Submissions of the 3rd Respondent/Auction Purchaser: