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Supreme Court of India 2026-02-12 dismissed

R. Savithri Naidu vs M/s. The Cotton Corporation of India Ltd. and Anr

Bench: 2 — Pankaj Mithal, S.V.N. Bhatti

In Brief

The Supreme Court dismissed an appeal by a property purchaser who sought to resist execution of an arbitral award for money recovery. The appellant, who bought the property in 2015 through a sale deed, claimed to be a bona fide purchaser without notice. However, the Court held that since the property was purchased after the arbitral proceedings commenced (1999) and the award was passed (2001), the appellant is a transferee pendente lite barred from resisting execution under Order XXI Rule 102 of the Code of Civil Procedure. The Court emphasized that permitting such objections would render decrees meaningless and trap execution proceedings in an endless loop. The execution court was directed to complete proceedings within two months.

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Arbitration and Conciliation Execution of Decrees Transfer of Property Lis Pendens Order XXI CPC SARFAESI Act

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