PRAVESH KUMAR SACHDEVA versus STATE OF UTTAR PRADESH & ORS.

PRAVESH KUMAR SACHDEVA versus STATE OF UTTAR PRADESH & ORS.

Private respondents, through their conduct—failure to file objections, acceptance of excess auction amount, and withdrawal of the only filed objection—waived their rights and acquiesced in the auction sale. High Court erred in setting aside the auction when no valid objections were made.

Parties
Appellant: Pravesh Kumar Sachdeva; Respondent: State of Uttar Pradesh & Ors.; Appellant: Pawan Kumar Agarwal; Respondent: Alok Mitra; Respondent: Ashok Mitra; Respondent: Deepak Mitra; Respondent: Manmohan Mitra; Respondent: Madhurima Ghosh
Jurisdiction
India
Judgment Date
13 September 2018
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in Civil Misc. Writ Petition No. 76863 of 2005
Outcome
appeals allowed
Legal Topics
Auction Sale, Waiver of Rights, Acquiescence, Estoppel, Confirmation of Sale
Auction Law Estoppel Waiver Auction Sale Waiver of Rights Acquiescence Confirmation of Sale

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Parties

Pravesh Kumar Sachdeva

Appellant

State of Uttar Pradesh & Ors.

Respondent

Pawan Kumar Agarwal

Appellant

Alok Mitra

Respondent

Ashok Mitra

Respondent

Deepak Mitra

Respondent

Manmohan Mitra

Respondent

Madhurima Ghosh

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in Civil Misc. Writ Petition No. 76863 of 2005

Legal Issues

  1. 1 Whether the High Court was right in setting aside a confirmed auction sale despite no objections to it.

Ratio Decidendi

Private respondents, through their conduct—failure to file objections, acceptance of excess auction amount, and withdrawal of the only filed objection—waived their rights and acquiesced in the auction sale. High Court erred in setting aside the auction when no valid objections were made.

Court Disposition

appeals allowed

Orders

  • Impugned judgment and order of Allahabad High Court dated 23rd March, 2006 set aside.