Supreme Court of India

Gas Point Petroleum India Ltd. v. Rajendra Marothi & Ors.

Neutral citation
Reported as [2023] 1 S.C.R. 433
Bench M. R. Shah and C.T. Ra Vikumar JJ.
Decided 10 February 2023

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.

What the Court ordered

In view of the above and for the reasons stated above, t he impugned judgment and order passed by the High Court deserves to be quashed and set aside and is accordingly quashed and set aside a nd consequently the order passed by the Executing Court overruling t he objections raised by the appellant also deserves to be quash ed and set aside and is quashed and set aside.

Judgment, page 10

From the headnote

Code of Civil Procedure, 1908 – Order XXI, rules 64, 84, 85 and 86 – Execution proceedings – Decree passed in c ivil suit – Property of judgment debtor auctioned and sold on 03.11. 2011 in favour of respondent No.1 for recovery of amount – Appellant f iled objection before the Executing Court, contending, inter-alia , that the property was purchased by him from judgment deb tor on 31.08.1999 and they were in possession of the same – Executing Court overruled the objections – Lower Appellate Co urt allowed appeal and remitted the matter back to the Executing Cour t – Writ petition – High Court

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