VidhiSangh

Supreme Court of India · 21/03/2018

RAKESH BIRANI (D) THROUGH LRS. versus PREM NARAIN SEHGAL & ANR.

[2018] 3 S.C.R. 750 · 2018 INSC 253

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Summary

The Supreme Court restored a secured-asset auction sale after holding that the fifteen-day period for paying the remaining seventy-five per cent runs from confirmation by the secured creditor, rather than the auction date. Confirmation was made and communicated on 27 February 2013, and payment on 13 March was timely. The orders setting aside the sale were reversed, and possession was directed to be delivered according to law as expeditiously as possible.

Issues

  1. Whether the balance-payment period ran from the auction or from secured-creditor confirmation.
  2. Whether the auction purchaser’s timely post-confirmation payment justified setting aside the sale.

Provisions considered

Held

Result

Appeal allowed without costs; impugned orders setting aside the auction reversed. Possession to be delivered according to law as expeditiously as possible.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 750.