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Supreme Court of India 2018-09-13 allowed

Pravesh Kumar Sachdeva vs State of Uttar Pradesh & Ors

Bench: 3 — Madan B. Lokur

In Brief

Private respondents owned businesses that failed, leaving substantial debts to workers. Their property was attached and sold at auction to appellant Sachdeva for Rs. 70 lakhs. Only one respondent (Alok Mitra) filed objections but did not communicate them to the District Magistrate in time; later he withdrew them. The other respondents accepted the surplus sale proceeds (Rs. 14 lakhs above their dues) without objection. The High Court set aside the sale, but the Supreme Court held that by accepting benefits from the auction and failing to file their own objections, the respondents waived and were estopped from challenging the sale. The Court allowed the appeals, restoring the auction.

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Land Law Property Law Civil Procedure Estoppel and Waiver Auction Sales Debt Recovery

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