material irregularity or fraud in publishing or conducting it, that it is not necessary that fraud should be alleged against the auction purchaser ... fraud. It is also well settled that the fraud contemplated by Section 18 , Limitation Act, is not confined to fraud committed at the inception
Kengeri
Hobli, Bengaluru South Taluk, on the ground that the
auction purchaser had played fraud upon the Court.
2. The facts are though short ... allowed to
stand if it has been obtained by fraud. Fraud
unravels everything."
26. The learned Senior Counsel for the petitioner
did not dispute
aside on the ground of fraud as fraud vitiates all solemn auctions.
18. I have considered the contention of the learned Counsel appearing ... ground of fraud, fraud would vitiate even the solemnest of the solemn proceedings and in the present case, it is clear that auction purchaser
sale show that
there is some material irregularity or fraud in
conducting auction. Further sub-rule (2) of Rule
90 clearly mentions no sale shall ... suit schedule property as there was no irregularity
or fraud and the auction was with due intimation to
20
parties and in accordance with
purchased by a third party unless the auction-purchaser is a party to the fraud. He says that, in the instant case, the Courts below ... sustained substantial injury by reason of such irregularity of fraud."
Material irregularity or fraud referred to in this provision must relate to the publishing
fact that
no certificate of sale was issued in favour of the auction
purchaser and in order to balance equities, ordered that ... vitiated by
fraud or any other irregularity. Observing thus, the
learned Single Judge dismissed the writ petition filed by
the auction purchaser. Feeling aggrieved
JDRs could
not get better purchasers than the auction
purchaser;
21
v. The auction purchaser has deposited the bid
amount ... auction-purchaser. However,
where the auction is subject to subsequent confirmation by
some authority (under a statute or terms of the auction)
the auction
also benefiting the borrower whose property is put to
auction. He insists that a fresh auction be conducted
providing the appellant an opportunity ... bank appellant cannot be
heard to say that a fraud has been played in the auction
process to eschew the appellant and to favour
auction-purchaser. However,
where the auction is subject to subsequent
confirmation by some authority (under a
stature or terms of the auction) the auction ... extinguished except in
exceptional cases such as fraud.
31. In the present case, the auction
having been confirmed on 30.7.2003 by
the Court it cannot
this Court. On the contrary, the respondent No.2 who
is the auction purchaser approached this Court questioning the
order of the learned Single Judge ... feeble
attempt alleging that the respondent No.1/Corporation has
committed fraud while auctioning the property owned by her
father
