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S12 Microsystems Vpt Ltd vs Bank Of Baroda on 27 February, 2023 cites

M/S Hotel Paras Garden, Through Its ... vs Central Bank Of India, Balapur Branch, ... on 10 June, 2015

If potential buyers are discouraged, it will affect the process of recovery of loans through the sale of mortgaged properties. Therefore, the doctrine of finality involved in the circumstances has to be seen from a wider perspective. Statutory provisions have been enacted to structure the sale of the mortgaged assets, to provide for an opportunity to challenge or question the sale on conditions upto a particular point and, thereafter, to close further proceedings and conclude the sale transactions. The doctrine has been recognized and emphasized by the Division Bench of this Court in the case of Hotel Paras Garden, Balapur and another vs. Central Bank of India, Balapur and others 6. Therefore, after the stage of Rule 60 is crossed, primacy will have to be given to the interest of Respondent No.3. In this context, the plea made before us by the Petitioners to set aside the sale in favour of Respondent No.3 must be viewed. The stage at which the 6 2015 (6) Mh. L.J. 152 ::: Uploaded on - 28/02/2023 ::: Downloaded on - 07/06/2023 16:28:17 ::: Trupti 16 j-wp-184-2023..doc Petitioners have raising the challenge, the conduct of the Petitioners and the failure of the Petitioners to adopt remedies available under the statute would also be germane considerations.
Bombay High Court Cites 42 - Cited by 3 - B P Dharmadhikari - Full Document
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