The High Court of Delhi dismissed an appeal challenging an order regarding auction terms of property. The court held that auction terms remained unchanged and refused to interfere.
The appeal was dismissed; pending applications were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11.07.2024
+ EFA(OS) 14/2024
RITA WADHWA .....Appellant Through: Mr Anil Airi, Sr. Advocate with Ms Nandni Sahni and Mr Shashank Sharma, Advocates.
versus
SANJEEV SARIN SINCE DECEASED THR LRS AND ANR .....Respondents Through: Mr Yakesh Anand with Ms Sonam Anand, Mr Akshay Thakur and Ms S.L. Soujanya, Advocates.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER HON'BLE MS JUSTICE TARA VITASTA GANJU [Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J.: (ORAL)
CM APPL. 38685/2024
EFA(OS) 14/2024 and CM APPL. 38683/2024 [Application filed on behalf of the appellant seeking interim relief] and CM APPL. 38684/2024 [Application filed on behalf of the appellant seeking condonation of delay of 4 days in filing the appeal]
Signature Not Verified
EFA(OS) 14/2024 Page 1 of 3
Digitally Signed By:TARUN RANA Signing Date: 19.0 7.2024 16:10:29
3.1 It is Mr Airi’s contention that the terms and conditions for carrying out the auction of the subject property, which were embedded in the order dated 23.04.2024 passed by the learned Single Judge, were revised by the impugned order, and therefore, the appellant is aggrieved.
5.1 Although it was open for the parties to get support from the respective financial backers, their difficulties with the financial backers, as observed by the learned Single Judge, could not derail the auction proceedings.
Signature Not Verified
EFA(OS) 14/2024 Page 2 of 3
Digitally Signed By:TARUN RANA Signing Date: 19.0 7.2024 16:10:29
learned Single Judge in the impugned order.
Signature Not Verified
EFA(OS) 14/2024 Page 3 of 3
Digitally Signed By:TARUN RANA Signing Date: 19.0 7.2024 16:10:29
3 issues framed by the court
Whether the appellant's challenge to the Single Judge's order revising auction terms succeeds.
Whether the Single Judge's observation regarding forfeiture proceedings altered the auction terms.
Whether the trial court should interfere with the impugned order.
RITA WADHWA
SANJEEV SARIN SINCE DECEASED THR LRS AND ANR
RAJIV SHAKDHER
TARA VITASTA GANJU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
