Banks

Recovery of debt/loan

— Recovery by auction-sale of properties mortgaged to obtain loan — Sale challenged by appellant mortgagor/borrower of loan on ground that contract of loan was void ab initio as he was minor at the time when loan taken and no notice of auction served upon him under the Act concerned — Held, said auction-sale not valid — Protection given under the Act concerned to title of auction-purchaser against irregularities in auction-sale, not available herein — However, with a view to do complete justice between the parties, appellant directed to deposit the entire auction money with interest thereupon @ 6% per annum — On such deposit being made, the auction would stand set aside and the possession of the property would be restored to appellant, (2006) 7 SCC 496-A

Banks

M.P. Sahakari Bhoomi Vikas Bank Adhiniyam, 1966 (28 of 1966)

— S. 27 — Protection given under, to title of auction-purchaser against irregularities in auction-sale — Availability of — Auction-sale of properties, which were mortgaged by M to obtain loan, on failure of M to repay loan — Initial contract of loan void ab initio (because M was minor at the time when he took the loan) — Effect of — Held, protection under S. 27 not available to said auction-sale, (2006) 7 SCC 496-B

Banks

M.P. Sahakari Bhoomi Vikas Bank Adhiniyam, 1966 (28 of 1966)

— S. 27 — Auction-sale of mortgaged property — Protection given under S. 27 to title of auction-purchaser against irregularities in auction-sale — Provision thereunder that title of purchaser not impeachable on ground that <169>due notice<170> of sale not given to mortgagor — Invocation of — Held, S. 27 speaks of due notice — It does not state that no notice is necessary to be served — On facts, no notice of auction served upon appellant mortgagor — Held, such auction could not be validated under S. 27, (2006) 7 SCC 496-C

High Courts

Letters Patent Appeal

— Maintainability of — Decision in writ petition filed under Arts. 226 and 227 of the Constitution — LPA against, held, was maintainable — Division Bench erred in dismissing the same as not maintainable on the ground that Single Judge had exercised jurisdiction under Art. 227, (2006) 7 SCC 496-D

Practice and Procedure

Pleadings/New plea/Additional plea/Alternative plea

— New plea — Admissibility of documents — Objection as to, not raised before courts below — Plea in respect thereof, held, not available at this stage before Supreme Court, (2006) 7 SCC 496-E

Practice and Procedure

Pleadings/New plea/Additional plea/Alternative plea

— Findings of fact not challenged before High Court, held, could not be questioned for the first time before Supreme Court, (2006) 7 SCC 496-F