property in question was put up on auction sale, the upset
price wherefor was fixed at Rs.20,000/- by an order dated 19.03.1979.
However ... allegedly no buyer was available, an application for reduction
of upset price was filed being E.A. No. 284 of 1979 for bringing it down
sale may be notified to be subject to a reserved or upset price; (6) if the seller makes use of pretended bidding to raise
have different meanings. That the
term "upset price" means lowest selling price or reserve price. That
unfortunately in many cases the word ... reference to upset price. That the sale has to commence at the higher
price and in the absence of bidders, the price will have
form of sealed tender cum open auction in April,2005. The upset price was fixed at Rs.46,10,500/- and every tenderer was directed ... deposit 2% of the upset price as Earnest Money Deposit. There is a further condition that when the tenders are opened, the highest bid will
notice of the execution or of the application to reduce the upset price has not been served on the petitioners; (2) the property has been ... fraud committed by the decree-holders in getting the upset price reduced i.e., without notice to the petitioners, the property did not fetch
given to the appellant if he deposited certain
amount as upset price and paid a higher rent, and that
otherwise possession of the land should ... pendency
of the suit the appellant offered to pay the full upset
price, the rent that may be found due, as well as costs
sale of the entire land subject to the conditions that - (a)
upset price of the land of 43 acres 12 gunthas be fixed, (b) notice ... Revenue Department modified the aforesaid
conditions and stated that - (a) upset price of the land of 43 acres 12
gunthas be fixed, (b) thereafter
below:
Whether an executing Court has no power to fix the upset price for the sale of property and consequently, no power as well ... upset price only represents the price below which the Court is not prepared to accept offers for the property. Even though the upset price
price higher than the reserve price, he may, with the consent of the borrower and the secured creditor effect the sale at such price.(Emphasis ... price is less than the reserve price, with the consent of the borrower, such auction can be confirmed but when the price offered
counsel was that
the land granted to Gungaiah was for an upset price fixed as per the rules
and the upset price being equivalent ... land. The upset price and market price
are certainly different concepts and it may be true that in certain cases
upset price
