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Supreme Court of India 2016-11-17 allowed

P.M. Abubakar vs State of Karnataka and Ors

Bench: 2 — A.M. Khanwilkar

In Brief

A debtor borrowed money from a cooperative bank and mortgaged his property. After default, the bank initiated recovery proceedings and obtained an award for Rs. 13.65 lakhs. Despite repeated opportunities, the debtor failed to pay. The bank sold the property through auction for Rs. 51.50 lakhs in September 2008. The debtor later appealed the confirmation of this sale and obtained an order setting it aside (on condition of payment), which the High Court ultimately upheld. The Supreme Court set aside the High Court's orders, holding that the Deputy Registrar had no jurisdiction to entertain an appeal against the auction confirmation. Once an auction sale is confirmed and a deed executed, it becomes final and cannot be reopened except through the statutory remedy of depositing the prescribed amount within 30 days of sale—a remedy the debtor never properly pursued.

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Cooperative Societies Auction Sales Property Execution Recovery Proceedings Jurisdiction Procedure

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