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Umesh Khanna (CEO)     24 March 2021

Decree holder to buy attached property instead of auction

Good day

what section of CPC and  rule of order 21 are applicable if decree holder wants to buy attached property from court directly instead of auction , the property valuation is done by a govt approved valuer .

please guide.

Thanks



 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     24 March 2021

Hello,

As per my opinion, even if the valuation is done decree-holder is abid by auction of the property. He can bid in an auction if he wishes. 

Umesh Khanna (CEO)     24 March 2021

DH wants to buy property and avoid expenses of auction, auction is a expensive procedure 

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Shashi Dhara   24 March 2021

Dhr has to obtain court permission by filing application thru affidavit  u/order 21rule 72 and bid to attached property ,if he violated the court will cancel it and fine will be imposed.contatct Ur advocate.

Umesh Khanna (CEO)     24 March 2021

Thanks , Can he buy directly from court ? 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 March 2021

1. Court CANNOT deal directly in such matters.  Defaulter & Financer can apply for "out of court" settlement (before court orders) and THEN you can buy from defaulter with NOC from Financer.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

Shashi Dhara   24 March 2021

In execution proceedings if dhr want to participate in auction he has to file application with sworn affidavit u/order 21rule 72 CPC and take permission and then after bid in auction ,that too in auction if public doesnot participate  if that jdr is threatening  the public's who participate in auction when proclamation is made.u have to satisfy  court that y u r bidding. If party consents for settlement out of court it is o.k.


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