The judgment, reserved on March 12 and proclaimed on June 25 by Justices SJ Kathawalla and Vinay Joshi, favoured IDBI Trusteeship Services, which claimed first charge on the property as a secured creditor. In the absence of a response to this notice, the Liquidator published a third tender notice on December 16, 2017, proposing to sell the land as mentioned above at the same upset price. However, the petitioner said the auction was conducted without giving it a hearing. Opposite to State Bank of Mysore Head Office

Explore from India`s leading investment managers and advisors curating their strategies as smallcases. INDIA. Reproduction of news articles, photos, videos or any other content in whole or in part in any form or medium without express writtern permission of moneycontrol.com is prohibited. The ill crew members were let off with their salaries in April. Lawyers for the Pune Collector and the additional tehsildar admitted they were aware of the petitioners objections, but claimed IDBI Trusteeship did not provide details of the loan or mortgage. A Division Bench of Justices S.J. In the original petition, the petitioners Mohammed Al Husseini and others had pointed out that they were stranded on board the vessel and an amount of US$ 109,205.48, including the principal sum of US$ 104,181 towards their wages, along with interest and costs, was due from the owner. New Delhi (Branch Office) AG associate, B-97, East of Kailash, New Delhi. For the reasons mentioned above, the Learned Judgebelievesthat the order dated 31/01/2019 issued by the Joint Registrar, Co-operative Societies, Maharashtra State approving the sale of the land in question according to the Housing Societys bid, as well as the Liquidators subsequent communication dated 16/02/2019 accepting the Housing Societys proposal, are liable to be set aside. The auction was conducted even though IDBI Trusteeship had objected to the sale. The money due to the seafarers includes Surya Deshwal- AB-pending salary- US $2000, Boban-Oiler- US $ 1800, and Nishant-Cook- US $2000.

All rights reserved.

Two intervention applications were submitted in Writ Petition No.2975/2019 throughout the pendency of the proceedings. Only after that the auction notice should have been published. Usually, MahaRERA is expected to check the records from the collectors office if there is any lien on the property to be auctioned, said officials. The dues stated to be of Order XXXIV of the Code of Civil Procedure, the priority of interest would require the sale proceeds to be first appropriated to clear the dues of the petitioner and if there is any surplus to be paid over as per the order passed by the competent authority under the Real Estate Regulation and Development Act, 2016 to the flat buyers, the order said. Following that, this writ petition was ordered to be considered alongside Writ Petition No.7513/2019. The stranded crew members are being provided fresh water and other basic amenities for their survival by the P & I Club located at Mumbai Port Trust. Deccan Herald News now on Telegram - Click here to subscribe, Follow us on Facebook | Twitter | Dailymotion | YouTube, Experiments reveal Covid particles in air infect humans, BCCI announces schedule, venue for IPL 2022 play-offs, In Bolivia, inmates can cut jail time by reading, An unusual April brings record temperatures, dry spells. Designed by DigiM, A Land That Was Supposed To Be Sold At A Public Auction Is Now Under Liquidation In The High Court Of Judicature At Bombay, The Chairman of the Societys statement to the Court that the Society was willing to transfer up vacant ownership of 3000 square feet of land to the Bank was accepted as an undertaking. It said the public notice for the auction was issued only two days before instead of the mandatory 30 days. As a result, no legitimate bid quoting the upset price was received in response to the third tender notice dated 16/12/2017. The Bench said, In view of the novel coronavirus outbreak, courts are taking up only urgent matters between 12 noon and 2 p.m. The onboard chief engineer Ravikumar Kaliveetil said that the Ocean Explorer is an Anchor Handling Tug Supply (AHTS) vessel, and its main engines are nonoperational. Copyright e-Eighteen.com Ltd All rights resderved. Your email address will not be published.

Another machinery has also broken down. The matter should be resolved soon, he added. Given the restriction imposed by Clause 22 that no bid below the upset price may be entered, it is evident that the Housing Societys proposal was not genuine at all. When a ship is under arrest, the court ensures that salary is distributed to the crew from the money received on selling the vessel. For all the latest Mumbai News, download Indian Express App. The issues like serving and executing processes such as Writ of Summons, notices, and warrants issued by the High Court and the City Civil Court are dealt with by the Sheriff of Mumbai. The utter haste in which the auction was held and the sale was concluded within two days of the same being announced publicly, and that too despite a serious objection being taken by the petitioner at the time of the auction, leaves much to be desired, and smacks of arbitrariness and colourable exercise of power, the court said, agreeing with the petitioner. We use cookies to ensure that we give you the best experience on our website. The upset price from the original tender notification was not changed. The Bombay High Court has set aside the sale of a property developed by the Darode-Jog group in Pune in February 2019 as void and legally unsustainable because it prejudiced the rights of the mortgage holder and directed the housing regulator to refund the Rs 1.66 crore accrued from the transaction. They also argued that several properties of Darode-Jog were mortgaged to IDBI Trusteeship and an alternative remedy to recover money from the developer was available through provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act. Mumbai:The Bombay High Court has ordered the auction sale of the Offshore Supply Vessel (OSV) Ocean Explorer abandoned by its owner off the Mumbai coast to recover the pending dues, including the salary of the stranded crew members. Hasta la vista, baby, says UKs Boris Johnson as he exits parliament, Mumbai: 26-year-old woman killed, cousin injured in Metro crane accident, 610 Mumbai locals to operate from today, daily service now over 2,000, Mumbai-Hyderabad: NHSRCL invites survey bids for high-speed rail corridor, New York reports 1st US polio case in nearly a decade, BCCI mulling to restart Duleep Trophy, Irani Cup; full Ranji season also on cards, Ahmedabad court grants bail to film-maker Avinash Das, Teesta, Sreekumar bail plea: Court reserves orders for next week, Inform if states, UTs following orders to curb hate speech: SC to Centre, 1 held in death of son-in-law of Mindi gang leader in Surat, Day after Amritsar encounter Moosewalas father visits hospital to identify singers alleged killers, Protesters vacate the last govt building, says will give Ranil Wickremesinghe time to act, Ramnath Goenka Excellence in Journalism Awards, Statutory provisions on reporting (sexual offenses), This website follows the DNPAs code of conduct. A senior MahaRERA official said, Before the auction, a public notice should have been issued asking if any other party had a stake in the land. Please verify to complete the subscription. As a result, the Liquidator conducted an independent appraisal of the property, which revealed that the propertys true worth was Rs.5,36,00,000/-. Reproduction of news articles, photos, videos or any other content in whole or in part in any form "To prevent people who are aggrieved upon receipt of notices contemplating demolition/eviction and/or holding auctions of attached properties and are left with no option but to rush to courts, we have a suggestion. Save my name, email, and website in this browser for the next time I comment. The sale of land No.7/2 was recommended in the liquidation proceedings. The Learned Judges, Those who commit heinous murder cannot now seek bail to save their fathers life, because everyones life is valuable: Karnataka High Court, The application for substitution of legal heirs upon the death of the plaintiff cannot be denied without first determining whether the Right to Sue survives: Karnataka High Court, A husband capable of earning cannot seek permanent alimony from his wife: Karnataka High Court, S 498-A I.P.C. The courts are also trying to ensure that courtrooms are not overcrowded and only those whose presence is necessary in their respective matters are allowed entry., The Bench then directed municipal commissioners to consider issuing a directive not to demolish, evict and/or hold auctions of attached properties. They contended that no mutation entry of the mortgage was effected in the revenue records of the property. The Bombay High Court on Thursday directed all municipal commissioners to issue a circular to civic officials to refrain from carrying out demolitions, evictions or auction of properties till March 31. The bench observed that the outstanding dues of SREIEFL were Rs 168 crore while the property has been valued at Rs 40.25 crore. Womens Euro 2022 quarterfinals live streaming details: When and where to watch? A division bench of Justices S J Kathawalla and R I Chagla noted that in view of the situation created by the global pandemic novel coronavirus (COVID-19) - courts are taking up only urgent matters between 12 noon and 2 pm. A supplementary deed of mortgage regarding the property was signed by the two parties in February 2016. Discover 5000+ schemes. The main issue presented in these writ petitions is that, although the upset price for the sale of the property in question was specified to be Rs.15,01,58,000/-, the Housing Societys offer for an amount of Rs.5,51,11,111/- was accepted. Copyright 2020. 39/2, 2nd floor, K G Road, While the earnest money must be returned to the Housing Society in line with Clause 17 of the tender contract, the remainder of Rs.5,43,61,111/- must also be repaid. 2022 The Printers (Mysore) Private Ltd. India becomes 'one of most dangerous nations' for media, SII lowers Covovax price from Rs 900 to Rs 225 per dose, Security beefed up in Maharashtra amid charges on Raj, India retaliating to border attacks like US, Israel: HM, BJP fires shots at Rahul over viral video, Cong replies, Denmarkasks India to prod Russia into ending war, CRS report hints at under-counting of Covid deaths, Gehlot cornered over communal violence in Rajasthan, Kane Williamson to make Test return against England, How Putin ended Modis cheap natural gas dream, Vladimir Putin set for cancer surgery: Report, Madurai med students take Sanskrit oath; dean shunted, Kempegowda statues 4,000-kg sword arrives in Bengaluru, Mucormycosis cases make surprising comeback in B'luru.

Join our Telegram channel (The Indian Express) for the latest news and updates. For your UPSC prep, a special sale on our ePaper. Learn, discover & invest in smallcases across different types to build your long term portfolio. Finding that due legal process for the auction was not followed, a bench comprising Chief Justice Pradeep Nandrajog and Justice Bharati Dangre, in its order, pointed out that if an immovable property is to be sold to recover dues, the proposed buyers have to be informed about the lien of a third party or the charge over the property. It further noted that while SREIEFL had filed its objections before the collector on January 13, and the collector had not decided on the issue, still the auction was scheduled. https://www.thehindu.com/news/cities/mumbai/hc-stays-all-demolitions-evictions-auction-of-properties/article31112583.ece, HC stays all demolitions, evictions, auction of properties, J&K students get to don the IAS hat for a day, Cheetahs likely to arrive in Madhya Pradeshs Kuno National Park before August 15. Business Matters | Settling foreign trade payments in rupees: How does it help India? The State Port Control authorities directed the vessel to anchor at Princess & Victoria channel at Mumbai Port after the remaining seven crew members complained of not receiving salaries since November 2021. The Bombay High Court on Thursday suggested civic bodies in Maharashtra to temporarily refrain from carrying out demolition or auction of properties as courts, which are often moved in these matters for relief, are currently working for limited hours due to the coronavirus outbreak. Haryana Police DSP run over by dumper truck at illegal mining site, accused arrested, Sri Lanka crisis updates | Ranil Wickremesinghe elected President in crucial Parliament vote, Sri Lanka failed to show fiscal prudence, Indias help unprecedented: Jaishankar, A stinging indictment: on acquittal of Chhattisgarh tribals in 2017 ambush case, Centre pares windfall tax on crude, scraps petrol exports levy, NSE phone-tapping case: Former Mumbai top cop sent to 9 days ED custody, ED issues fresh summons to Shiv Sena MP Sanjay Raut after he failed to appear before it, Supreme Court allows 27% OBC reservation for Maharashtra in polls, Shinde campnot afraid about Supreme Court hearing: Fadnavis, Shinde faction stakes claim over Shiv Sena's poll symbol, Chhota Shakeels aide held for making extortion calls to Mumbai businessman, Supreme Court asks whether Eknath Shinde factions dissent amounts to split, ED arrests ex-Mumbai Police chief on money laundering charge, Uddhav spoke to PM Modi last year regarding alliance, claims rebel MP Rahul Shewale, Speaker Om Birla names Rahul Shewale as Shiv Sena leader in Lok Sabha, Passenger volume at Mumbai airport rises 132% in first half of 2022, Shiv Sena splits in the Lok Sabha as 12 MPs join rebel camp, Bombay HC asks if second plea by BJPs Narayan Rane to regularise his house is maintainable. OPTION OMEGA 3.0 by MC PRO, Espresso and Rigi. A verification email has been sent to your inbox. Because there was no response to the last tender notice, the Liquidator published a new statement on November 6 and 7, 2017. who represented the homebuyers in MahaRERA, said: We are working on what kind of legal solutions can be worked out.. Behind BJP win in MP civic polls, several mini-victories for Cong; AAP, A Zubair bail order: Again, Supreme Court draws the red line on misuse of p PM's 'revdi' remark: We need to disentangle good subsidies from bad, Zubair bail order: SC draws the red line on misuse of power to arrest, UPSC Key-July 21: What to read and why for UPSC CSE, Madras HC mangalsutra remarks to Karnataka survey, a troubling view of women, Behind BJP win in MP civic polls, several mini-victories for Cong; AAP, AIMIM make gains, Significance of Kali Bein, from which Punjab CM drank water and fell ill, US president Joe Biden tests positive for Covid-19, AI's Dubai-Kochi flight diverted to Mumbai after technical glitch, In abortion, the womans choice matters. The lawyers said as per Section 169 of the Maharashtra Land Revenue Code, the state had the first charge over the property. In this process, it is the responsibility of the Sheriffs office to look after the affected crew. The agreement will be effective from August 1, 2011, to July 31, 2014. In its petition, SREIEFL had claimed that it had advanced credit to Nirmal Developers and the property sought to be auctioned was mortgaged to the company. | In Focus podcast.

When we hired the vessel, the crew members were mostly foreigners. Swastik Shops & Shop Owners Co-operative Housing Society Ltd. Buldhana (the Housing Society) expressed interest in purchasing the property mentioned above and bid for Rs.5,51,11,111/-. The petition said the Brihanmumbai Municipal Corporation had issued a demolition notice to the housing society on March 16. India 'one of most dangerous nations' for media. Charge Against Woman Alleged To Be In Illicit Relationship With Complainants Husband Not Maintainable: Karnataka High Court, Bail granted to POCSO Accused for Sexual acts committed with minor wife after marriage: Karnataka High Court.