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Supreme Court of India 2022-04-27 partly_allowed

Rajasthan Financial Corporation Jaipur and Others vs Jain Bandhu Sneh Resorts Private Limited and Another

Bench: 2 — L. Nageswara Rao

In Brief

A state financial corporation auctioned a defaulting borrower's resort property to the highest sole bidder for Rs. 11.11 crores in 2013. The High Court set aside the sale on the ground that the corporation failed to account for property value escalation over five years during which interim court orders prevented finalisation. The Supreme Court reversed the High Court's order, holding that the auction was otherwise valid and could not be set aside on price escalation grounds alone. However, the Court directed the auction purchaser to pay 12% annual interest on the bid amount for the five-year period, reflecting the property's continued use and value growth during that time.

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Commercial Law Auction and Sale Debt Recovery Judicial Review Interim Relief Financial Institutions Property Valuation

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