Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
A Co operative Court award operates as a money decree enforceable like a civil decree, rendering the judgment debtor's property liable to attachment and sale; its executory effect could not be collaterally impugned once the order rejecting a belated set aside had become final. Revisionary jurisdiction under the statute is maintainable to examine confirmation of sale despite parallel rule remedies; the revisional forum may annul confirmation. Clauses (g) and (h) of Rule 107(11) impose a mandatory auction deposit regime, and failure to pay the balance within the prescribed period vitiated the sale confirmation. Remedy ordered: sale and confirmation set aside, fresh auction under Rule 107(11)(j), refund of purchaser's deposit with interest, rights to compromise preserved.
A Co operative Court award operates as a money decree enforceable like a civil decree, rendering the judgment debtor's property liable to attachment and sale; its executory effect could not be collaterally impugned once the order rejecting a belated set aside had become final. Revisionary jurisdiction under the statute is maintainable to examine confirmation of sale despite parallel rule remedies; the revisional forum may annul confirmation. Clauses (g) and (h) of Rule 107(11) impose a mandatory auction deposit regime, and failure to pay the balance within the prescribed period vitiated the sale confirmation. Remedy ordered: sale and confirmation set aside, fresh auction under Rule 107(11)(j), refund of purchaser's deposit with interest, rights to compromise preserved.
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