WOODS BEACH HOTELS LTD. versus MAPUSA URBAN CO-OPERATIVE BANK OF GOA LTD. & ORS.

WOODS BEACH HOTELS LTD. versus MAPUSA URBAN CO-OPERATIVE BANK OF GOA LTD. & ORS.

Status quo to be maintained regarding property if appellant deposits Rs. 6.04 crores with High Court within 3 months; otherwise interim order vacated. Balance of convenience and ends of justice require preservation of property until writ petition decided. Auction sale not confirmed and possession not transferred, so third-party rights not fully crystallized.

Parties
Appellant: Woods Beach Hotels Ltd.; Respondent No.1: Mapusa Urban Co-operative Bank of Goa Ltd.; Respondent Advocate: Santosh Paul; Respondent Advocate: Arvind Gupta; Respondent Advocate: K.K. Bhat; Respondent Advocate: S.N. Bundela; Respondent Advocate: M.J. Paul; Respondent Advocate: Anupam Lal Das
Jurisdiction
India
Judgment Date
24 March 2009
Procedural Posture
Civil Appeal / Disposal of Appeal Against Interim Order (slp Converted to Civil Appeal)
Outcome
Appeal disposed of
Legal Topics
Restitution, Auction Sales in Execution, Interim Relief, Status Quo Orders, Jurisdiction of Registrar
Civil Procedure Banking Restitution Auction Sales in Execution Interim Relief Status Quo Orders Jurisdiction of Registrar

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Parties

Woods Beach Hotels Ltd.

Appellant

Mapusa Urban Co-operative Bank of Goa Ltd.

Respondent No.1

Santosh Paul

Respondent Advocate

Arvind Gupta

Respondent Advocate

K.K. Bhat

Respondent Advocate

S.N. Bundela

Respondent Advocate

M.J. Paul

Respondent Advocate

Anupam Lal Das

Respondent Advocate

Procedural Posture

Civil Appeal / Disposal of Appeal Against Interim Order (slp Converted to Civil Appeal)

Legal Issues

  1. 1 Whether interim status quo in respect of the property should be granted during the pendency of writ petition before High Court
  2. 2 Effect of auction sale of property not confirmed and deposit not fully made by highest bidder
  3. 3 Jurisdiction of Registrar to entertain appeal against Assistant Registrar's order

Ratio Decidendi

Status quo to be maintained regarding property if appellant deposits Rs. 6.04 crores with High Court within 3 months; otherwise interim order vacated. Balance of convenience and ends of justice require preservation of property until writ petition decided. Auction sale not confirmed and possession not transferred, so third-party rights not fully crystallized.

Court Disposition

Appeal disposed of

Orders

  • Appellant to deposit Rs. 6.04 crores in High Court within 3 months; status quo to be maintained in respect of property for three months and, if deposit made, till disposal of writ petition or High Court's further orders.
  • If deposit not made within 3 months, interim status quo order stands vacated.