Supreme Court · 2007 INSC 510 · Decided 2 May 2007

M/S. Shilpa Shares and Securities and Ors v. The National Co-Operative Bank LTD. and Ors

Court
Supreme Court of India
Citation
2007 INSC 510 · [2007] 5 S.C.R. 1128
Case number
CIVIL APPEAL No. 6760/2004
Decided
2 May 2007
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Maharashtra Co-operative Societies Act, 1960/Maharashtra Co­ operative Societies Rules, 1961; Rule 107: C Loan-Default in payment by borrower-Recovery by Auction sale of the property of borrower-85% of the purchase money not paid by the purchaser-Effect of-Held: Sale was not valid-Under the auction sold after proper advertising and complying with the procedure under R.107 of the Rules- D Sale of Goods Act, 1930---Sale. Appellant had borrowed a loan from respondent No.I, a co-operative bank. Since the appellant was in default in payment of the loan, recovery proceedings were

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