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Judicial Sale

Judicial Sale refers to the sale of property conducted under the supervision and authority of a court of law. Such sales are typically carried out to satisfy a legal judgment, recover outstanding debts, or enforce a mortgage or lien when the property owner fails to meet financial obligations. The process ensures transparency, fairness, and compliance with judicial procedures, safeguarding the interests of all parties involved.

In a judicial sale process, the court appoints an officialóoften a receiver, auctioneer, or court officeróto manage the sale. The property may be sold through a public auction or sealed bid process, and the proceeds are used to pay off creditors or claimants in the order determined by law. Before the sale, the court usually issues a notice specifying the property details, reserve price, date, and terms of the sale, ensuring adequate disclosure for potential buyers.

For investors, judicial sales can present opportunities to acquire assetsósuch as real estate, machinery, or securitiesóat potentially discounted prices. However, these transactions come with legal complexities and risks, including title disputes, pending litigations, or delays in possession. Hence, conducting thorough due diligence and seeking legal counsel before participation is essential.

In India, judicial sales are governed by provisions under the Code of Civil Procedure (CPC), 1908, and other relevant laws. Financial institutions and courts frequently use this mechanism for recovering non-performing assets (NPAs) and resolving insolvency cases. Understanding how judicial sales operate helps investors, creditors, and businesses navigate the legal and procedural aspects effectively while maintaining compliance with regulatory frameworks such as those prescribed by the Securities and Exchange Board of India (SEBI).