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MALAPPURAM DISTRICT COOPERATIVE BANK LTD v. P.V. AZEEZ ABDUL SALAM

Supreme Court of India | Diary 42566/2017

Status

Order

Decided On

2024-11-27

Bench

HON'BLE MR. JUSTICE R. MAHADEVAN, HON'BLE MR. JUSTICE J.B. PARDIWALA

Petitioner

MALAPPURAM DISTRICT COOPERATIVE BANK LTD

Respondent

P.V. AZEEZ ABDUL SALAM

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Full Judgment Text

1

CORRECTED IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.13701/2024 (@Petition(s) for Special Leave to Appeal (C) No.20638/2019

MALAPPURAM DISTRICT COOPERATIVE BANK LTD Appellant(s)

VERSUS

P.V. AZEEZ ABDUL SALAM & ORS. Respondent(s)

O R D E R

1. Leave granted.

2. Although the Respondent No.1 – herein (auction purchaser) and

the original writ applicant have been served with the notice issued

by this Court, yet they have chosen not to remain present before

this Court either in-person or through an Advocate and oppose this

petition.

3. This appeal arises from the order passed by the High Court of

Kerala dated 24-01-2017 in Writ Appeal No.20/2017 by which the Writ

Appeal filed by the Respondent No.4 – herein came to be dismissed

thereby affirming the judgment and order passed by the learned

Single Judge of the High Court in Writ Petition No.9763/2010 filed

by the auction purchaser, i.e., the Respondent No.1 – herein.

4. The facts in brief giving rise to this appeal may be summed up

thus:-

“(a) the appellant – herein put the land in question to

auction sometime in the year 2009.

b) the Respondent No.1 – herein participated in the auction

proceedings and was declared the highest bidder having

offered the sale price of Rs.48.90 lakh.

2

(c) upon completion of the auction, the auction purchaser

deposited 15% ...

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