ROSALIV. versus TAICO BANK AND ORS.

ROSALIV. versus TAICO BANK AND ORS.

The term 'immediately' in Order XXI Rule 84, CPC, must be interpreted as 'within a reasonable time' considering the circumstances, such as inability to deposit due to bank closure. Deposit on the next working day constitutes compliance. Confirming a sale before expiry of 30 days does not automatically render it void.

Parties
Appellant: Rosali V.; Respondents: Tai Co Bank and Ors.
Jurisdiction
India
Judgment Date
23 January 2007
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Auction Sale of Immovable Property, Deposit Requirements Under Order XXI Rule 84, Interpretation of Statutory Terms
Civil Procedure Auction Sale of Immovable Property Deposit Requirements Under Order XXI Rule 84 Interpretation of Statutory Terms

Case Brief

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Parties

Rosali V.

Appellant

Tai Co Bank and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Meaning of 'immediately' in Order XXI Rule 84, Code of Civil Procedure, 1908
  2. 2 Whether sale is void if confirmed before expiry of 30 days from bid acceptance

Ratio Decidendi

The term 'immediately' in Order XXI Rule 84, CPC, must be interpreted as 'within a reasonable time' considering the circumstances, such as inability to deposit due to bank closure. Deposit on the next working day constitutes compliance. Confirming a sale before expiry of 30 days does not automatically render it void.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of High Court and Executing Court set aside
  • All other contentions may be determined by Executing Court in accordance with law