Please go through below case which similar to your case

P.Mohan vs The Authorised Officer on 26 June, 2018

Dear Sir,

It is clear that single bid auction will be valid if no other bidder was available for any reason whatsoever and the cheque will not be a valid instrument if it was not realised after presentation in the bank.   

Merely because there is single bidder does not mean auction should not be held 

2) terms and conditions of auction would mention mode by which payment has to be made 

1. There is no illegality if inan auction single bidder participated.

2. Cheque being a valid mode of payment can be accepted in auction sale.

3. If you share the details of the case then appliable citation can be given. 

Check is a valid instrument unless it is dishonored.Please go through the following things ; 

In terms of Sub-Rule (3) of Rule 9 of The Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as the 'Rules, 2002' for short), the purchaser shall immediately i.e., on the same day or not later than next working day, as the case may be, pay a deposit of twenty five per cent, of the amount of the sale price. 

Hon'ble Supreme Court, held in the case of Commr. of Income Tax, Bombay South, Bombay Vs. Messrs Ogale Glass Works Ltd., Ogale Wadi, reported in AIR 1954 SC 429 that wherein it was held that a cheque, unless dishonoured, is payment.

Tendering of a cheque towards payment of the balance sale consideration is also one of the modes of payment as held by the Hon'ble Supreme Court, a creditor may receive a bill or a cheque as a conditional payment of a pre-existing debt i.e., as a payment conditional on the instrument being honoured on presentation. If the cheque is honoured, the date of payment of the debt is the date when the cheque was delivered and not the date when it was honoured. More accurately says that when the purchaser tenders the cheque well within the period, the secured creditor may delay presenting the cheque. If the secured creditor causes the delay, the blame cannot be shifted on the purchaser. Under such circumstances, the act of presentation of cheque should be construed as an agreement in writing to extend the period.

The payment takes effect from the delivery of the cheque but is defeated by the happening of the condition i.e., non payment at maturity. In Jiwanlal Achariya Vs. Rameshwarlal Agarwalla, reported in AIR 1967 SC 1118 it was held that if the cheque is honoured, the date of the payment of the debt is the date when the cheque was delivered and not the date when it was honoured. For the purpose of Section 20 of the Indian Limitation Act, 1908 also, the cheque is the payment and the date of the payment is the date of the delivery of the cheque.

In case of sole bidder, the bid amount quoted in his bid form must be improved by at least
one bid incremental value, lest the sale shall be cancelled/ deferred.

Payment through personal cheque is permissible.

Generally single bid or tenders are not acceptable in the first instance. If there is only one bid even after re-tendering, there is need for detailed justification to accept the single tender or single bid with the approval from the competent authority.

if the bid is above the reserved price, then the bank can accept that bid. There is no restriction against accepting a single bid

the payment of sale price by the successful bidder will be mentioned in the public notice for e-auction itself. If cheque payment is not necessarily excluded, then payment by cheque is valid

for every simple thing, a SC judgment does not necessarily have to be there

You can search for citation either through online legal websites or your own lawyer can be able to help you out in this regard.

If you knew that the single bid is not allowed then you should not have gone ahead with the auction purchase of the property  and there was no necessity to give the bank the cheque for the balance sale consideration amount.

You can give your objections in yor counter to the case pending in DRAT accordingly and explain the circumstances that you were forced by the bank officials to buy this property. 

Hi 

1) The law on sale of immovable secured assets are governed under Rule 8(6) and Rule 9(1&2) of Security Interest (Enforcement) Rules 2002.

2) Under the aforementioned rules, there is no clause that prohibits an auction wherein only single bidder has participated and all that courts look in to are 

a) Compliance to rule 8(6) and rule 9(1) and (2).

b) Paper notification is 2 languages and prominently in place where property is located. 

c) Reserve price is based on valuation reports by authorised panel

d) The auction purchaser is purchaser in good faith and has paid valuable consideration

3) With reference to your second query,  Judgment of  Supreme court in Rosali V. v. Taico Bank  is the guiding judgment and in the said judgment, Supreme court had stated that the word immediate means within reasonable time and the said judgment was in reference to interpretation of word "IMMEDIATE"  as envisaged in Order 21, Rule 84 and 85 of CPC.

4) In the said judgment, the Supreme court also decided on whether auction purchaser should make cash deposit or cheque deposit after being declared highest bidder.  Vide the said judgment, the Supreme court clarified that auction purchaser can make payment by cheque

Hope this information is useful. 

You don't need the citation you can challenge the said order on merits on above grounds

1. IF auction proceedings was completed above the minimum "reserve amount", THEN even a single bidder is entitled to the Sale Certificate.

2. IF auctioneer authority, has voluntarily accepted Cheque payment, for bid amount and cheque was duly cleared, THEN it is not a ground to invalidate Auction outcome.

A) In the event of conclusion of auction in favor of sole bidder when the "prize bid amount" is more than the Reserved Price then there is no discrepancy. 

It can be a concluded auction, mere presence of one bidder does not invalidate the auction, if the prize bid amount is more than reserved price. 

The successful bidder is entitled to get Sale Certificate.

B) Cheque is a valid instrument, and that, you need to verify the T&C of the auction in order to question the veracity of taking cheque towards the payment.

1. File Writ Petition before the High Court of your State praying for cancellation of the said e-auction.sale which is not strictly as per the Act.

2. Do keep in  ind that the High Court will ask you when you shall be able to pay off the dues as without ensuring recovery of the dues to the Bank, it is unlikely that the High Court will cancel th e-auction sale simply on technical ground.

1. You should file writ petition before High court for cancellation of online auction. 

2. But grounds thay there was single bidder and payment was made by cheques are not valid.

3. You can take ground that petition is pending before DRT and time for possession was extended without consent of borrower. 

1. If there is a single bidder then it does not mean that auction should be cancelled. This has no sanction of law.

2. Payment of consideration by cheque is also not a ground for cancellation of the auction as cheque is a valid instrument.

3. However, the said auction can be challenged in the High Court on the ground that time was extended without consent of borrower.