1. the bank which had financed the project cannot have a charge on the flats which are already sold to buyers since the bank had already given NOC for the sale of the said flats
2. it cannot be understood how the bank gave NOC for sale of flats by the builder when the sale proceeds were not used to repay the bank loan but got diverted. A bank will never give NOC unless the money paid by the builder is paid to the bank towards its pending loan
3. so the bank cannot have a charge on the flats for which it has already given NOC
4. the bank can have charge on the unsold flats and on the land and balance FSI potential
5. if your flats for which the bank had given NOC are also threatened to be attached by the bank then you can intervene in the DRT proceedings and seek relief from the court
6. the cannot auction your flats. It has already given NOC for sale of your flats by the builder to you. It can only put to auction the unsold flats
7. if the sale proceed received in auction sale is not sufficient to repay the bank loan entirely, the bank can follow the other assets of the builder. But under no circumstances can the bank touch your flats