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
Umesh Khanna (CEO) 24 March 2021
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
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
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.