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Supreme Court of India 2018-09-18 dismissed

Bee Gee Corporation Pvt. Ltd vs Punjab Financial Corporation & Anr

Bench: 2 — R. Banumathi

In Brief

A corporation obtained a loan to Bee Gee Corporation in 1966, which defaulted on repayment, resulting in a decree. Following execution of the decree, the corporation's property was auctioned on 16.12.1983 and purchased by the corporation itself (the decree holder) with court permission. The Court dismissed the appellant's challenge to the auction, holding that a decree holder may bid with express court permission, and the set-off provision under Order 21 Rule 72(2) CPC eliminates the requirement to deposit proceeds. Both courts below found proper compliance with mandatory procedural requirements and adequate publication. The Court declined to interfere with these concurrent findings.

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Civil Procedure Execution of Decrees Court Auctions Set-off Decree Holders

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