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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.13042/2024 (@Petition for Special Leave to Appeal (C) No.13769/2022)
LIKHAN (DEAD) THROUGH LEGAL REPRESENTATIVES Appellant(s)
VERSUS
ASSISTANT REGISTRAR CO -OPERATIVE SOCIETIES, Respondent(s) AMGAON & ORS.
O R D E R
1. Leave granted.
2. The challenge laid is to the judgment dated 22.07.2022 passed
by the High Court of Judicature at Bombay, Nagpur Bench, whereby
the sale certificate issued pursuant to the auction held under the
provisions of Maharashtra Cooperative Societies Act, 1960 of the
residential house of the appellants has been upheld.
3. The facts are noted briefly.
4. The predecessor-in-interest of the appellants (Likhan) (since
deceased) was the owner of House No.608, measuring about 1250 sq.
ft., situated at Amgaon, District Gondia. The house was mortgaged
as a security to Respondent No.2 – Cooperative Bank for a loan of
Rs.25,000/-, obtained by the deceased in 1999.
5. A notice is alleged to have been issued by the Bank on
03.05.2002 for payment of the loan amount of Rs.36,122/-. The
notice was statedly not received by Likhan. Thereafter, the house
was attached and a proclamation was made. Meanwhile, the borrower
deposited a sum of Rs.7,000/-. However, the house was, meanwhile,
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auctioned in 2007 for a sum of Rs.5,82,500/-. Respondent No.3 is
the auction purchaser. ...