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Civil · Reportable judgment

Case Details Union Bank of India vs Rajat Infrastructure Pvt. Ltd. & Ors. and M/s. Sunview Assets Pvt. Ltd.

Court
Supreme Court of India
Date
4 October 2023
Case No.
Miscellaneous Application No. 1735 of 2022
Result
Dismissed
Bench
Aniruddha Bose, Bela M. Trivedi
Citation
[2023] 14 S.C.R. 666 : 2023 INSC 869
Supreme Court Reports [2023] 14 S.C.R. 666 : 2023 INSC 869
Issue for consideration
Applicant-Auction Purchaser sought directions against the Appellant-Bank for issuance of sale letter in its favour on the ground that it has made the full and final payment of the auction amount with interest in terms of the order of this Court dated 12.05.2020. Whether the extension of time sought by the Applicant in the various applications was permissible and even if permissible, whether the Applicant had in fact complied with the orders passed by the Court therein. Security Interest (Enforcement) Rules, 2002 – r.9 – “Time of sale, issue of sale certificate and delivery of possession etc.,” w.r.t the sale of immovable secured assets through e-auction mode – Non-compliance – By way of instant Miscellaneous Application filed in the disposed of Civil Appeal, applicant-Auction Purchaser sought directions to the bank for issuing the sale certificate in its favour – Maintainability – Applicant inter alia pleaded that the deposits made by it on 22.07.2022 and 26.08.2022 be treated as due compliance of the order dated 12.05.2020, extending the time limit by exercising the inherent powers of the Supreme Court u/Article 142:
Headnote

Held: As per the sub-Rule (4) of r.9, the balance amount of purchase price payable has to be paid by the purchaser to the authorized officer on or before the fifteenth day of the confirmation of sale or such extended period as may be agreed upon in writing between the purchaser and the secured creditor, in any case not extending three months – Even if by liberal construction of the said sub rule, and in view of the orders passed by this Court from time to time in the successive applications filed by the Applicant, it is presumed that the time to deposit the balance amount with interest had stood extended two months after February, 2022, i.e., upto 30.04.2022, no further extension of time as such was granted by the Court nor was it permissible to extend under the said statutory provision contained in r.9 – Apart from the fact that the Applicant had not complied with the orders passed by this Court from time to time in the successive applications filed by it, and more particularly the order dated 12.05.2020 passed in M.A. No.922 of 2020, such an application in the disposed of C.A.No.1902 of 2020, to pursue its strategies and to avoid judicial adjudication in the substantive proceedings, would not be even maintainable – Court in exercise of powers u/Article 142 cannot ignore any substantive statutory provision dealing with the subject – The plenary powers of the Supreme Court u/Article 142 are inherent in nature and are complementary to those powers which are specifically conferred on the court by various statutes – These powers though are of a very wide amplitude to do complete justice between the parties, cannot be used to supplant the substantive law applicable to the case or to the cause under consideration of the court – Instant Miscellaneous Application seeking substantive prayers filed in the disposed of C.A. No.1902 of 2020 being not maintainable is dismissed – Constitution of India – Article 142. [Paras 17-19]

Practice and Procedure – Filing of repeated applications, styled as Miscellaneous Applications, without any legal foundation – Deprecated. [Para 18]

LIST OF CITATIONS AND OTHER REFERENCES

Supreme Court Bar Association vs. Union of India and Another (1998) 4 SCC 409: [1999] 1 SCR 1121; Supertech Limited vs. Emerald Court Owner Resident Welfare Association and Others 2021 SCC Online SC 3422 – relied on.

Read the full headnote (4 more paragraphs)

Rao Shiv Bahadur Singh and Another vs. The State of Vindhya Pradesh AIR 1954 SC 322: [1954] SCR 1098; State of Uttar Pradesh vs. Singhara Singh and Others AIR 1964 SC 358; Babu Verghese and Others vs. Bar Council of Kerala and Others (1999) 3 SCC 422: [1999] 1 SCR 1121; – referred to.

Taylor vs. Taylor, [L.R.] 1 Ch.426 – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT BELA M. TRIVEDI, J. 1. M.A. No.1735 of 2022 is filed in the Civil Appeal No.1902 of 2020 (arising out of Special Leave Petition (Civil) No.28608 of 2019), by the Applicant (original Respondent No.6-M/s. Sunview Assets Pvt. Ltd.) seeking directions to Union Bank of India (original Appellant) to issue Sale letter in favour of the Applicant in respect of the property bearing House No.7, Survey No. Old 168 and 169 (New No.306 & 307) of Village Palasiayana, Manormagank, Tehsil and District Indore admeasuring 109754 Sq. Ft. (2.18 Acres) (hereinafter
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