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New India Steel Industries Vs. V.D. Steel Industries and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 3454 of 1979 and Civil Miscellaneous Petition No. 6495 of 1980
Judge
Reported inAIR1980SC1706; (1981)2SCC16
AppellantNew India Steel Industries
RespondentV.D. Steel Industries and anr.
Excerpt:
- .....it misconducted himself inasmuch as it published a public notice captioned as 'court notice' on 12th april, 1980, as if that notice was being published under the orders of this court. for these two reasons we revoke the special leave petition granted earlier and dismiss the appeal arising out of that s.l.p. the stay already granted automatically stands vacated.
Judgment:

R.S. Sarkaria, J.

After hearing Counsel for the parties we allow C.M.P. No. 6495 of 1980 for the revocation of Special Leave Petition granted as per this Court's Order dated 12th December, 1979. There are two facts which stand out. Firstly, the appellant had made a misstatement of material fact that the proclamation of sale did not contain any note that the property was being sold subject to the mortgage charge of Rs. 1,65,000/-. In fact such a note does exist. Secondly, it misconducted himself inasmuch as it published a public notice captioned as 'Court Notice' on 12th April, 1980, as if that notice was being published under the Orders of this Court. For these two reasons we revoke the Special Leave Petition granted earlier and dismiss the appeal arising out of that S.L.P. The stay already granted automatically stands vacated.


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