Bidder Can't Question Obstructions To Property Post-Auction, When Opportunity For Inspection Was Availed Prior To Bid: Allahabad HC
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Bidder Can't Question Obstructions To Property Post-Auction, When Opportunity For Inspection Was Availed Prior To Bid: Allahabad HC

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In a case concerning delay in payment pursuant to auction of a property, the Allahabad High Court said that where a bidder had the opportunity to inspect a property prior to bidding on it and the auction was to proceed on an 'as is where is and whatever there is basis', then they cannot question the results on discovering obstructions to the property post such bid. In doing so the court said that on account of inaction or lethargy by the appellant bidder the respondent cannot be held responsible once the terms set forth in the e-auction notice is on an as is where is and whatever there is basis; and so there is also no question of non-disclosure of vital fact. The Company Court accepted the bid and passed an order dated 26.07.2023, directing the appellant to deposit the required amount within 60 days of the aforementioned order. The High Court held that the orders dated July 26, 2023 and December 1, 2023 on time extension applications, had both attained finalities as neither of them had been challenged and the appellant had already been awarded his last opportunity to pay the bid money.

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