Delhi High Court Clarifies 15-Day Period for Deposit Begins Only After Court Declares Purchaser

Case Snapshot

• Case Name: Radhey Shyam Pahwa v. Universal Polychem (India) Pvt. Ltd. & Ors.

• Citation: EX.F.A. 42/2026 (2026:DHC:7195)

• High Court: High Court of Delhi

• Bench: Hon'ble Mr. Justice Amit Sharma

• Date of Judgment: 25th August, 2026

• Area of Law: Execution, Court Auction, Order XXI CPC, Sale of Immovable Property

Judgment Headline

Court upholds auction sale, holds 15-day deposit period begins only after Court declares purchaser.

The Judgment in One Line

Delhi High Court dismissed appeal against auction confirmation, holding that the 15-day deposit period under Order XXI Rule 85 CPC begins only after Court declares the purchaser.

Why This Judgment Matters

This landmark judgment clarifies the interplay between Order XXI Rules 84 and 85 of the CPC in court auctions. It establishes that where the identity of the successful purchaser is disputed and pending adjudication before the Executing Court, the mandatory 15-day period for depositing the balance purchase money does not commence until the Court formally declares the purchaser. The ruling distinguishes cases where the purchaser is identified at the auction from those where the Court m

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