AIR 1930 MADRAS 785(2)

Madras High Court

Hon'ble Judge(s): Ramesam, Cornish , JJ

(A) Presidency Towns Insolvency Act (3 of 1909) , Sch.2 Art.18— Art.18 empowers Court to consider validity of sale. The power under Art. 18, Sch. 2, involves also the power to consider validity of sale and, if proper case is made out, not to confirm sales, A formal order of confirmation may not be necessary. If a proper case is made out for setting aside the sale, the insolvency Court would have such power. If there is no reason to set aside, it merely confirms the sale: (B) Presidency Towns Insolvency Act (3 of 1909) , Sch.2 Art.18— Insolvency Court has jurisdiction to order delivery to auction-purchaser. An insolvency Court has jurisdiction to order delivery of possession under the Insolvency Act where all the parties concerned have submitted to the Court's jurisdiction, and cooperated in procuring the order for sale of mortgaged premises.