Aditya Birla Finance Limited v. Resource Engineering (Borrower) and Ors.
Case brief
What is this about?
Execution auction failed — sealed bids and enhanced bids below reserve price; Commercial Execution Application No. 135 of 2025; Bombay High Court Commercial Division (Abhay Ahuja, J.); Court Receiver's Report No. 02 of 2026 disposed; directions for refund of Earnest Money Deposit demand drafts; costs of Rs.5000 on execution applicant; reserve price and valuation report re-sealed; flat at Mira Road (East) to be re-auctioned after thirty days; Execution Application listed 18 February 2026.
What did the court decide?
On failure of the auction (bids below reserve price), the Court directed: return of the EMD demand drafts to the two bidders against receipt; costs of the Court Receiver's Report of Rs.5000/- to be paid by the Petitioner/Execution Applicant within two weeks; reserve price and valuation report to be placed in sealed covers once again; the flat to be put up for re-auction after thirty days with a further report seeking approval of the auction schedule and terms and conditions; and the Execution Application to be listed on 18th February 2026.