https://www.taxtmi.com/caselaws?id=302317 In execution sale proceedings, the upset price functions as a reserve price to facilitate sale while protecting the judgment-debtor's interest. Although the executing court may fix or reduce that price, the exercise must rest on objective material relating to the property's nature, use, and other relevant valuation factors. A reduction made without any disclosed basis, and merely on a party's assertion, is arbitrary and cannot stand. The Madras HC therefore held that the reduced upset price was unsustainable and set aside the order, directing the executing court to reassess the proper upset price after enquiry and then proceed in accordance with law. en-us Fri, 07 Aug 1987 00:00:00 +0530 Mon, 16 May 2022 16:45:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302317 In execution sale proceedings, the upset price functions as a reserve price to facilitate sale while protecting the judgment-debtor's interest. Although the executing court may fix or reduce that price, the exercise must rest on objective material relating to the property's nature, use, and other relevant valuation factors. A reduction made without any disclosed basis, and merely on a party's assertion, is arbitrary and cannot stand. The Madras HC therefore held that the reduced upset price was unsustainable and set aside the order, directing the executing court to reassess the proper upset price after enquiry and then proceed in accordance with law. Case-Laws Indian Laws Fri, 07 Aug 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302317