Lemon Seeds Hospitality Pvt. Ltd vs Union Of India And 5 Ors

ik-183299702 Bombay High Court 25 October 2024 • WRIT PETITION NO. 3248 OF 2024 • 37 min read

Judges (2)

M.M. Sathaye Coram Shree Chandrashekhar Delivered

Counsel (7)

Ashish Saxena Counsel Petitioner Deepesh Shahani Counsel Petitioner Mukta Kothari Counsel Petitioner Neha Balani Counsel Petitioner Siddharth Jha Counsel Petitioner Subhash Jha Counsel Petitioner Sumeet Upadhaya Counsel Petitioner

Parties (6)

Competent Authority, National Spot Exchange Ltd. Respondent Enforcement Directorate Respondent Lemon Seeds Hospitality Pvt. Ltd. Petitioner Quikr Realty Limited Respondent State of Maharashtra Respondent Union of India Respondent

Case Significance

Lemon Seeds Hospitality Pvt. Ltd vs Union Of India And 5 Ors is a Bombay High Court decision dated October 25, 2024 (citation: ik-183299702). The petitioner purchased a property at an 'as is where is' auction conducted by the Competent Authority under the NSEL scam proceedings and sought refund of the purchase price claiming the property was encumbered by tenants and an Enforcement Directorate attachment. The Division Bench headed by the Chief Justice dismissed the petition, holding the 'as is where is' clause in the auction terms bound the petitioner and the caution/exception clauses adequately warned about potential encumbrances. The bench comprised Justices M.M. Sathaye and Shree Chandrashekhar. The judgment was delivered by Justice Shree Chandrashekhar.

Summary

The petitioner purchased a property at an 'as is where is' auction conducted by the Competent Authority under the NSEL scam proceedings and sought refund of the purchase price claiming the property was encumbered by tenants and an Enforcement Directorate attachment. The Division Bench headed by the Chief Justice dismissed the petition, holding the 'as is where is' clause in the auction terms bound the petitioner and the caution/exception clauses adequately warned about potential encumbrances. The court found no need to apply 'caveat venditor' (seller beware) as the statutory authority had not acted unscrupulously.

What was the outcome of Lemon Seeds Hospitality Pvt. Ltd vs Union Of India And 5 Ors?

The petitioner purchased a property at an 'as is where is' auction conducted by the Competent Authority under the NSEL scam proceedings and sought refund of the purchase price claiming the property wa...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-183299702)