Quick Summary: The Bombay High Court ruled in favor of Anil Keruji Jagtap and others who couldn't meet auction payment deadlines due to COVID-19, citing a Supreme Court order that extended legal timelines during the pandemic.
The case involves multiple formal complaints filed by Anil Keruji Jagtap and others against people like Razzak Nazimuddin Kazi. The complaints challenged a decision by the Revisional Authority that canceled an auction sale because payment deadlines were missed.
A public auction was held on March 17, 2020, for a property under the Maharashtra Cooperative Societies Act. The highest bidders, including Anil Keruji Jagtap and others, initially paid 15% of the bid amount. However, the remaining 85% was delayed due to the COVID-19 pandemic.
"Due to the Covid-19 pandemic, the petitioners could not deposit the remaining eighty-five per cent amount within the time fixed under Rule 107(11)(h)."
Anil Keruji Jagtap and others argued that a Supreme Court order extending legal timelines due to the pandemic should apply to their case. This order excluded the period from March 15, 2020, to March 14, 2021, from legal time calculations.
"The Supreme Court directed that for computing limitation for any suit, appeal, application, or proceedings, the period from 15 March 2020 to 14 March 2021 must be excluded."
The Bombay High Court, led by Justice Amit Borkar, agreed with Anil Keruji Jagtap and others. The court recognized that the delay was due to the pandemic and that the Supreme Court's order covered the auction payment timeline.
"The petitioners deposited the balance amount within the excluded period that the Supreme Court has recognised. Their compliance thus stands protected."
The court ruled in favor of Anil Keruji Jagtap and others, allowing the auction sale to proceed.
