Auction process
Legal_Query
(Querist) 09 June 2014
This query is : Resolved
"A" filed 138 NI Act case against "B". "B" failed to pay the amount under cheque hence "B" was awarded imprisonment and to recover the amount under cheque, court asked tehsildar to attach accused's property and auction it. in the auction "C" (auction purchaser) being the sole and highest bidder was successful. however "C" paid auction price directly to "A" instead of depositing the amount with the tehsildar. tehsildar executed the registered sale deed in favour of "C".
Now "B" is challenging the auction process as the amount was not deposited with the tehsildar court and was paid directly to "B".
Is purchase of "C" safe or is there any illegality in the auction process?
Thnks in anticipation of a response.
V R SHROFF
(Expert) 09 June 2014
IS NOT THIS A IMAGINARY QUERY????????
Legal_Query
(Querist) 09 June 2014
Dear Mr. Shroff thanks for your promptness. this matter is pending adjudication before ADJ Court at Indore (MP)
Devajyoti Barman
(Expert) 09 June 2014
who are you and how are realated to this query.
V R SHROFF
(Expert) 09 June 2014
It's very interesting.
Because 138 NI Act Proceedings are purely Criminal one.
And Executions of Decree, attachment of Property ., Recovery by selling & AUCTION , are purely civil procedure.
Usually in punishment, Judge increase imprisonment by few months if compensation is not paid.
Was there compounding / consent term./\ settlement thru court/ between the parties?
Will like to go thru the Judgement and order of trial court, and find out why not objected by other interested parties?? Whether possession given ??
Whether Tehsildar acted ultra-vires?? Due Process of Law for possession?? dwelling house??
need to study..
Advocate. Arunagiri
(Expert) 09 June 2014
May be the magistrate would have invoked the S.431 of cr.p.c.
The money paid to A is a settlement and compromise of the cheque bounce case.
The money paid to the Tashildar is the auction money for buying the property. The sale to C is valid.
Solution:= "A" can not receive two payments 1. directly from B as well as through auction. A should return the money to B, after receiving the money of C through the tashildar.
Legal_Query
(Querist) 09 June 2014
"B" failed to pay any money and his imprisonment was extended by three months.
a separate recovery proceeding was initiated to recover the amount under cheque.
court order tehsildar to identify and attach any property of "B" which can be auctioned and money can be recovered.
tehsildar attached a plot of "B" and auctioned it and sale was confirmed with registry in favour of "C" was executed. possession handed over to "C".
"A" received money from "C" and nobody else. only thing was "C" in place of depositing the money with the auctioner/tehsildar paid to "A" directly.
Wishes
Kishor Mehta
(Expert) 10 June 2014
'C' had no authority to pay the auction bid amount direct to 'A', 'C' was legally bound to pay the amount to tehsildar,
Good Luck,
Kishor Mehta
Guest
(Expert) 10 June 2014
the case does not seem to relate to the querist, as he is consultant and may be asking questions here and providing paid consultancy to his clients.
T. Kalaiselvan, Advocate
(Expert) 13 June 2014
I agree with the right observation made by expert Mr.Dhingra on the subject issue, hence I too refrain from posting my reply instead of promoting somebody's business at free of cost.
