Security Interest (Enforcement) Rules, 2002- Rule 9(4) – T he period to deposit the balance sale consideration, as provided under the Rules, is not sacrosanct and is extendable with the consent in writing of the parties and that Rule 9(4) will only come into play when there is default on part of the party i.e. the auction purchaser to deposit the amount and will not apply where there is no default or that the default, if any, lies upon the auctioneer. (Para 21)
Practice and Procedure -The validity of an order can only be adjudged on the basis of the reasoning contained in the order and the said reasoning cannot be supplemented in any manner much less by means of a counter affidavit or a supplementary affidavit when the parties have entered into a litigation- The parties are not permitted to raise new pleas not contained in the order impugned while assailing the correctness or the validity of such an order. (Para 12)