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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

The Supreme Court upheld a 1983 court auction sale of the appellant's property to Punjab Financial Corporation, the decree holder, in satisfaction of a loan default. The appellant contested the sale, alleging non-compliance with mandatory procedural rules and inadequate advance publication. The Court held that the decree holder was validly permitted to bid under Order 21 Rule 72 CPC and could avail of the set-off provision against the decree amount without depositing funds. Since the warrant of sale was affixed in advance and concurrent findings of lower courts confirmed compliance with all mandatory provisions, the appeal was dismissed.

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Civil Procedure Execution of Decrees Auction Sale Set-off Decree Holder

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