Supreme Court of India

Rakesh Birani (d) through Lrs. v. Prem Narain Sehgal & Anr.

Neutral citation
Reported as [2018] 3 S.C.R. 750
Bench Arun Mishra and Uday Umesh Lalit JJ.
Decided 21 March 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that the int erim orders passed by the High Court were in complete disregard of the scope of judicial review.

Judgment, page 19

From the headnote

Security Interest (Enforcement) Rules, 2002: r.9 – Interpretation of – Period of 15 days for making th e deposit of remaining 75% whether would start from the date of communication of confirmation of sale or from the date of auction – Held: r.9(2) makes it clear that after confirmation by the secured creditor the amount has to be deposited – r.9(3) also makes it clear that pe riod of 15 days has to be computed from the date of confirmation – It i s only after confirmation is made under rule 9(4) that the a mount has to be deposited and on failure to deposit the amount, 25% amo unt deposited

Where later benches applied it

Of those, 1 relied on

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