filed an appeal
against the order dated September 16, 2004
fixing reserve price of Rs. 12.50 crores in the
DRT being Appeal ... that fixation
of `reserve price' is not mandatory, condition
precedent or sine qua non and if reserve price
is not fixed, the order cannot
Court shall fix a reserve
price as regards the
mortgagee, and unless the
Court otherwise directs, the
reserve price shall be--
(a) Not less than ... price and it cannot be treated as
the reserve price as provided under Rule 72A.
Analysing the difference between the upset price
and reserve price
reserve price, what was fixed was 'upset price'. As such the amount fixed as upset price cannot be treated as reserve price ... upset price is synonymous with reserve price and the fact that the Court has used the word upset price instead of reserve price
reserve price, below
which the property may not be sold. So it includes that the auction
notice should be notified the reserve price for each ... unit rate fixed by the urban authorities by
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taking acres into consideration and there is no bar to fix one
reserve price
that the
Court shall for a reserve price as regards the
mortgagee and the reserve price shall be not less
than the amount due under ... Executing Court fixed the reserve price, the
property would not have been sold for a low
price. Normally, the reserve price would not be
less
reserve price from 2013-2016,
especially in the year 2016 shows that on 30.01.2016, for poor quality
iron ore, the reserve price was fixed ... fix the reserve
price at a low price, so that the accused get benefitted. Considering the
huge difference in the reserve price for 'fair
said plot of land to
the petitioner society at the reserved price
fixed by it i.e. Rs.690/- per sq.metre and the
interest ... clear
that there was no confusion whatsoever with regard to
reserved price fixed at Rs.690/- per sq.m. Once it is clear
that there
reserve. That the reserve puts a limit on
the authority of the auctioneer. He cannot accept a price below the
upset/reserve price. That ... such costs would increase the
reserve price. On the other hand, we find that the reserve price has
been fixed by taking into several factors
defendants knew that there was a provision for reserved
price to be fixed as per the agreement between the parties, as
would appear from ... their
individual basis was illegal. Consequently, the sale without fixing
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a reserved price was also illegal. In any event, the sale should not
have
sale. Details thereof are as under:
Sl.
No.
E-Auction
date
Reserve
Price fixed
(in crores)
Outcome of auction
1.
17/10/2015 ... resorting
to reiteration of an earlier reserve price, without lawful foundation to
support the same. The reserve price