Housing Pvt.Ltd., tried to obtain title in a DRT auction sale and when that was thwarted, a Letters of Administration was obtained by suppressing ... excludes the property in India. This property was substituted in a DRT auction sale. The auction purchaser tried to obtain title.
vi) Inspite
first auction.
Placing reliance on the Proviso to Rule 9(1) it was submitted that for any
subsequent auctions after the first auction fails, only ... that said auction was subject to the
validity of such auction. Placing reliance on the terms and conditions of the
auction, it was submitted that
order passed by the Debt Recovery
Tribunal-III, Mumbai (DRT), whereby an auction conducted by the
petitioner bank, wherein the auction purchaser was successful ... DRT went ahead to examine the merits of the matter, which
demonstrates the jurisdictional error committed by the DRT. In the
process, the DRT also
order passed by the Debt Recovery
Tribunal-III, Mumbai (DRT), whereby an auction conducted by the
petitioner bank, wherein the auction purchaser was successful ... DRT went ahead to examine the merits of the matter, which
demonstrates the jurisdictional error committed by the DRT. In the
process, the DRT also
lakhs at the suggestion of the DRT Receiver;
q) The DRT Receiver declared the auction as having failed, stating that
there was a "vast ... DRT, vide an order dated 19th March, 2004 ("DRT Order"),
overruled the failure report filed by the DRT Receiver and declared
the auction
Cuttack has conducted e-auction sale of the
secured assets and consequent to conformation of e-auction sale by DRT
Cuttack, the entire property covered ... specific
built-up area in sqft, put for auction/mortgage with HUDCO, auctioned by
DRT and handed over to the Auction purchaser was not provided
same
through bank auction. Further there was a condition that the
purchaser has to pay amount before auction at DRT, at that
time the defendant ... same
through bank auction. Further there was a condition that the
purchaser has to pay amount before auction at DRT, at that
DRT being Appeal No. 52 of 2004 under Section
30 of the RDDB Act. On October 27, 2004, DRT
allowed auction sale to proceed ... auction purchaser, if necessary,
by taking assistance from all
authorities concerned. The auction
purchaser, who was permitted to
withdraw the auction amount deposited
towards sale
there is no irregularity in conducting the auction and
appropriate price is obtained by holding an auction in a fair, transparent
and non-arbitrary manner ... property
was handed over to the auction-purchaser Sadashiv Prasad Sinha on 11-3-
2009. The auction-purchaser initiated mutation proceedings in respect
imposed.
4. After auction and confirmation of sale by the DRT, the auction-
purchaser filed an application before the learned Company Judge for
issuance ... exercise jurisdiction in
respect of the same auction or sale after adjudication by the DRT,
there would be duality of exercise of jurisdiction which
