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Supreme Court of India 2016-05-13 allowed

Om Prakash Sharma vs Ramesh Chand Prashar & Ors

Bench: 2 — Uday U. Lalit

In Brief

A café property was sold by auction in Himachal Pradesh. The appellant submitted the highest bid (₹27.15 lakh) and obtained a Letter of Intent and Sale Deed. A rival bidder challenged the sale, alleging the appellant failed to submit audited financial statements and income tax returns as required by the tender advertisement. The High Court quashed the sale. The Supreme Court held that the financial documentation requirement was ancillary, not essential—it merely supported timely payment, which the appellant had already made in full. Since the sale was a simple outright transfer and the core transaction objective was achieved, strict compliance with the documentation condition was not mandatory. The Court allowed the appeal, upheld the sale deed, and dismissed the writ petition.

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