• Regarding auction under Sarfaesi Act

If a borrower files SA against bank and auction purchaser(respondents) after auction is completed and sale certificate is issued.what should be the line of action for me as auction purchaser. It should be noted that this auction is 3rd time and SA against 2nd auction is quased by DRT as there was no bidding.
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

1. You shall have to appear before the DRT and contest the case appropriately.

 

2. If you find that the bank has initiated the SARFAESI proceeding and sold the said property to you, then you shall have to pray before the P.O. to direct the bank to refund you the amount paid by you with interest.

 

3. S.A. is generally filed against the entire SARFAESI action initiated by the bank and I.A. is filed to stay the sale/auction on acceptable grounds.

 

4. In the above situation, the I.A. is dismissed if there is no bid submitted againstb the sale notice and the S.A. is continued to be heard.

 

5. If the S.A. also has been dismissed earlier, then it may be that the borrower does not have any acceptable ground in his S.A..

 

6. If the S.A. was dismissed earlier, the applicant can not file it again since it will not be maintainable on the ground of res-judicate.

 

7. Check the facts at your end. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1) Auction is already completed and you have go

t certificate from bank. Your sentence should be A PROPERTY PURCHASED IN AUCTION BIDDING.... At place, time, date....etc all details of property

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

When a property is sold by public auction in pursuance of an order of the court and the bid is accepted and the sale is confirmed by the court in favour of the purchaser, the sale becomes absolute and the title vests in the purchaser. A sale certificate is issued to the purchaser only when the sale becomes absolute. The sale certificate is merely the evidence of such title. It is well settled that when an auction-purchaser derives title on confirmation of sale in his favour, and a sale certificate is issued evidencing such sale and title, no further deed of transfer from the court is contemplated or required. 

 

2) you must contest the appeal filed by borrower 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can Claim compensation from the said bank or bank should indemnify you from all losses in the same.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

See as the purchaser you can claim the property and can take the possession of same as the borrower has no releif against you he shall contest against the bank only.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Whenever any property is sold in public auction, and the bid is accepted and the sale is confirmed, and sale certificate is issued, then such sale becomes compelling and the title vests in the purchaser, in your case auction purchaser. The sale certificate issued to you is your evidence of ownership/title.

you are advised to contest the same, no other option and you have a good case.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Dear Client,

As per court observations, auction purchaser should be caveat emptor "buyer beware". The principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.

If you can stake any claim than agasint he bank and not third party. And take resorts of sarfaesi rules as bank is bound to issue with notice material information for a purchaser to know in order to judge the nature and value of the property.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

that totally depends on the grounds taken by the borrower in his SA against the auction sale in favour of the purchaser

there can be many grounds like property sold before fair market value, property not properly valued, collusion between bank and auction purchaser, etc

 

all the grounds taken by the borrower need to be rebutted by the auction purchaser and bank 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

If the borrower has impleaded the auction purchaser as a party to the case then you may have to participate in the case and defend your interests accordingly.

Even if he has not impleaded you as a party to the cae, it would be better that you file a petition seeking to implead you and you may record your objection with the reasons that you may rely upon so that your interests are taken care of.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer