Supreme Court · 2007 INSC 6 · Decided 4 January 2007
Yogesh Mehta v. Custodian Appointed Under the Special Court & ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 6 · [2007] 1 S.C.R. 62
- Case number
- CIVIL APPEAL No. 4512/2006
- Decided
- 4 January 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act
Headnote
Auction-Auction sale-By special Court-Challenged-This court permitted receiving of bid but stayed acceptance thereof-Provisional acceptance of highest bid by Special court-Sale not confirmed-Thereafter order by Special Court of forfeiture of the earnest money on the ground that auction purchaser under terms and conditions of auction-On appeal, held: Order of forfeiture not justified-Forfeiture is permissible only when concluded contract has come into being and not prior thereto-In the present case contract cannot be said to be concluded as the sale was not D sanctioned in view of the
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