VidhiSangh

Supreme Court of India · 02/07/2019

SUNIL VASUDEVA & ORS. versus SUNDAR GUPTA & ORS.

[2019] 8 S.C.R. 1190 · 2019 INSC 716

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Summary

The High Court properly exercised review jurisdiction to restore a writ petition challenging an income-tax auction. Earlier orders relegating the parties to a civil suit had overlooked the statutory bar under Section 293 of the Income Tax Act and the effect of the later court order concerning permission to sell property in receivership. The Supreme Court upheld restoration while leaving the auction dispute and all substantive rights for decision in the writ proceedings.

Issues

  1. Whether overlooking the statutory civil-suit bar and the relevant permission order justified review and restoration of the writ petition.
  2. Whether the earlier disposal had conclusively determined the merits of the auction dispute.

Held

Result

Appeal dismissed; review order restoring the writ petition upheld. High Court to decide it on its own merits after hearing the parties, giving priority and proceeding expeditiously in view of the prolonged dispute. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 1190.