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Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Finality of court confirmed auction sales does not bar limited supervisory review where credible doubts arise about adequacy of valuation or fairness in fixing the reserve price; the Court applied the principle that protections for a bona fide auction purchaser are strong but not absolute, permitting remand for reassessment to secure best realisable value of the secured asset. The High Court's confined direction to remit valuation and reserve price circumstances to the DRT was treated as a balanced, legally permissible exercise because it did not set aside the confirmed auction or prejudice recovery already effected. The appeal was dismissed and the remand sustained.
Finality of court confirmed auction sales does not bar limited supervisory review where credible doubts arise about adequacy of valuation or fairness in fixing the reserve price; the Court applied the principle that protections for a bona fide auction purchaser are strong but not absolute, permitting remand for reassessment to secure best realisable value of the secured asset. The High Court's confined direction to remit valuation and reserve price circumstances to the DRT was treated as a balanced, legally permissible exercise because it did not set aside the confirmed auction or prejudice recovery already effected. The appeal was dismissed and the remand sustained.
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