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Review petition dismissed with Rs. 50,000 exemplary costs for engaging fresh advocates without original counsel's consent in SARFAESI property auction case The Bombay HC dismissed a review petition concerning registration of a sales certificate for property purchased in auction under SARFAESI Act. The court ...
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Review petition dismissed with Rs. 50,000 exemplary costs for engaging fresh advocates without original counsel's consent in SARFAESI property auction case
The Bombay HC dismissed a review petition concerning registration of a sales certificate for property purchased in auction under SARFAESI Act. The court imposed exemplary costs of Rs. 50,000 on the petitioner, citing Supreme Court precedent that deprecated the practice of engaging fresh advocates in review proceedings without consent of original counsel. The costs must be deposited with Maharashtra Legal Services Authority within four weeks, failing which recovery will be pursued as land revenue arrears.
Issues involved: The judgment involves issues related to the registration of a Sale Certificate, payment of dues to the Sales Tax Department, and the validity of the Sales Certificate under the SARFAESI Act.
Registration of Sale Certificate: The Review Petition sought a review of the judgment and order regarding the registration of the Sale Certificate issued in favor of Respondent No. 6 for a property purchased in an auction held by State Bank of India under the SARFAESI Act. The petitioner faced obstacles in registering the Sale Certificate due to unpaid dues of the Sales Tax Department, which were subsequently paid, leading to the removal of the revenue entry indicating the charge. The court allowed the Writ Petition, stating that the Sales Certificate was valid and subsisting, and there was no impediment to registering it.
Payment of Sales Tax Dues: The petitioner's grievance in the Review Petition was regarding the contention that the Writ Petitioner did not make payments to the Sales Tax Department. However, the court found that the grounds raised in the petition were untenable and showed disregard for the orders passed by the High Court. The court noted that there was no error apparent on the face of the record and dismissed the Review Petition for lack of merit.
Validity of Sales Certificate: The court emphasized that the Sales Certificate was valid and subsisting, and the petitioner was entitled to benefit from it by registering it. The court also highlighted the importance of maintaining the sanctity of legal proceedings and criticized the practice of engaging new advocates for review proceedings without the consent of the original advocate. Citing a Supreme Court decision, the court dismissed the Review Petition with exemplary costs of Rs. 50,000 to be deposited with the Maharashtra Legal Services Authority.
Separate Judgement: No separate judgment was delivered by the judges in this case.
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