VidhiSangh

Supreme Court of India · 17/03/2020

AARIFABEN YUNUSBHAI PATEL & ORS. versus MUKUL THAKOREBHAI AMIN & ORS.

[2020] 4 S.C.R. 944 · 2020 INSC 297

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored rejection of objections to execution sales as time-barred. Section 5 of the Limitation Act excludes applications under Order XXI, so it could not condone delay in a Rule 90 challenge. Even assuming good-faith prosecution of the earlier remedy, Section 14 exclusion extended at most to withdrawal of the Supreme Court proceeding; later pursuit in the High Court lacked due diligence. The objections remained six days late without deciding alleged auction fraud.

Issues

  1. Whether delay in the Rule 90 sale challenge could be condoned under Section 5.
  2. How much time could be excluded under Section 14 for pursuit of other proceedings.
  3. Whether the High Court could bypass limitation to invalidate the sales on merits.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside and executing court order dated 23 February 2010 upheld. Contempt petition and pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 944.