Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court

Sets Aside Order for Direct Transfer of Attached Property Ownership- P&H HC

07 May 2024 8:19 AM

By: Admin


Chandigarh, May 29, 2023 - In a significant ruling, the Punjab and Haryana High Court, presided over by Justice Archana Puri, has set aside an order directing the transfer of ownership of an attached property in a decree holder's name. The case (CR-1319 of 2019) involved M/s Bassiarkh Rice Mills and another as the petitioners, and Punjab State Warehousing Corporation and others as respondents.

The dispute arose during the execution proceedings for the recovery of Rs. 44,10,440/- as per a judgment and decree issued on January 21, 2013. The decree holder filed an application seeking the transfer and sale of the attached property in their name, citing a lack of interested buyers. Consequently, the lower court issued a letter to the Tehsildar, directing the transfer of ownership to the decree holder for a sum of Rs. 60,20,000/-.

However, Justice Puri observed that the lower court's process was flawed. The court had bypassed the requirement for the decree holder's participation in the auction proceedings and ordered the direct transfer of ownership, which lacked legal provision. As a result, the High Court set aside the impugned order and remanded the case back to the Executing Court.

The Executing Court has been directed to proceed with the execution from the stage of warrant of sale issuance for the attached property. If no bidders are found in the auction proceedings, the decree holder has been permitted to seek permission to participate in accordance with the law. The Executing Court has been instructed to facilitate the satisfaction of the decree.

Decided on: 29.05.2023

M/s Bassiarkh Rice Mills and another vs Punjab State Warehousing Corporation and others 

s[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/06/29-may23-Bassiarkh-Rice-Mills-vs-State-P^0H-HC.pdf"]

Latest Legal News