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P.M.ABUBAKAR Vs. STATE OF KARNATAKA & ORS.
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Showing posts with label
P.M.ABUBAKAR Vs. STATE OF KARNATAKA & ORS.
.
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Saturday, November 19, 2016
the Deputy Registrar had no jurisdiction to entertain appeal against the order of confirmation of sale issued under Section 89A read with Rule 38 of the Rules; and also because, admittedly, the debtor failed to pay the awarded amount in spite of repeated opportunities given to him from time to time. Moreover, the debtor cannot succeed in the Writ Petition filed by the auction purchaser and the Bank against the decision of the Deputy Registrar and get higher or further relief in such proceedings. Thus, the Division Bench having finally disposed of the writ appeal ought not to have entertained the application preferred by the debtor in the guise of clarification and to pass any order thereon - which would enure to the benefit of debtor who is in default, having become functus officio.= 2016 Nov. http://judis.nic.in/supremecourt/imgst.aspx?filename=44312- P.M.ABUBAKAR Vs. STATE OF KARNATAKA & ORS.
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