P. M. ABUBAKAR versus STATE OF KARNATAKA AND ORS.

P. M. ABUBAKAR versus STATE OF KARNATAKA AND ORS.

Deputy Registrar has no jurisdiction under s.106 to entertain an appeal against the confirmation of auction sale under s.89A r/w r.38; High Court erred in dismissing writ petition of auction purchaser. Remedies for setting aside the sale are limited and must be pursued as prescribed by statute and rules.

Parties
Appellant Auction Purchaser: P. M. Abubakar; Respondents: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
17 November 2016
Procedural Posture
Civil Appeal / Final Disposition After Appeals From High Court Orders
Outcome
Appeals by auction purchaser allowed; appeals by debtor dismissed.
Legal Topics
Auction Sale, Jurisdiction, Remedies Under Karnataka Cooperative Societies Act, Confirmation of Sale, Setting Aside Auction Sale
Banking Law Cooperative Societies Law Auction Sale Jurisdiction Remedies Under Karnataka Cooperative Societies Act Confirmation of Sale Setting Aside Auction Sale

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Parties

P. M. Abubakar

Appellant Auction Purchaser

State of Karnataka and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition After Appeals From High Court Orders

Legal Issues

  1. 1 Whether Deputy Registrar has jurisdiction to set aside confirmation of auction sale under s.89A read with r.38 of Karnataka Cooperative Societies Act, 1959
  2. 2 Whether an appeal under s.106 against confirmation of sale is maintainable
  3. 3 Appropriate remedy for setting aside auction sale

Ratio Decidendi

Deputy Registrar has no jurisdiction under s.106 to entertain an appeal against the confirmation of auction sale under s.89A r/w r.38; High Court erred in dismissing writ petition of auction purchaser. Remedies for setting aside the sale are limited and must be pursued as prescribed by statute and rules.

Court Disposition

Appeals by auction purchaser allowed; appeals by debtor dismissed.

Orders

  • Order of Deputy Registrar dated 18.7.2009 and High Court confirming that order are set aside.
  • Authority to disburse amounts deposited by debtor and proceeds of auction sale in accordance with law.