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Supreme Court of India · body

1975 DIGILAW 490 (SC)

Ramesh Himatlal Shah v. Harsukh Jadhavji Joshi

1975-11-26

BHAGWATI, GOSWAMI, SARKARIA

body1975
ORDER : The delay in filing the review petition is condoned. In this review application, our attention was drawn to the following observations made in the judgment: "It will be for the auction purchaser first to obtain membership of the society and the Court before confirmation of the sale ..." 2. It appears that although notice was given to the opposite party and to the new purchasers, no one appears to contest this petition. We are of opinion that there was no necessity in law for acquiring prior membership of the co-operative society as a condition precedent to confirmation of the sale. The auction purchaser need not first obtain membership of the co-operative society and the Court before confirmation of sale will not insist upon membership of the co-operative society. The review application is allowed accordingly. There will be no order as to costs.