1.  Have you received certificate of sale from the Bank.      

2. However, since the said 75% amount was refunded by the Bank, you can seek reasonable time  to rearrange the said amount to make payment. There is no provision for such repayment in SARFAESI act.

3. Insist for taking over physical possession while paying DD for the said 75% payment.

4. You can demand refund of the said 25% payment from the Bank with 18% interest (which was awarded by Cal;cutta High Court  while directing refund of the entire amount recently) plus damage and cost.

5. File a Writ Petition beforev the High Court to seek relief.

6. Since the property is highly litigated, it is advisable to stay away from the deal to purchase it.

You can demandntye aforesaid conditions from bank if not given you need to approach court for the same. 

1) you can seek additional time to deposit balance 75 per cent 

2) demand 4 weeks time 

3) physical possession would  be given only after full payment is made sale certificate issued by bank 

4)seek orders of court to direct bank to deliver physical possession 

5) bank would not pay interest as delay was due to court orders 

6) you can make balance payment 

Here all responsibility lays on Bank either bank has to give possession and clear title of papers in specific time after paying full payment or return the money 100% there and than. 

If bank is returning money now you can ask interest from bank and don't take possession of the property.

1. Yes you can for additional time from bank to arrange the Funds as the delay was because of Bank mistake and not due to your fault.

   • if bank doesn't approve the Extension on your application you can approach court for extension on time.

2. No, you cannot demand for physical possession before paying full money

   • if there is further delay in possession by bank then you can demand Interest of your money and even for cancellation of allotment and return of money with interest.

3. Yes, you can demand Interest of money deposited with bank and it is your right to demand Interest on your money
4. Bank will have to bear the costs and you can file a case in consumer court against Bank.
5. you should sign a new agreement with interest that if they doesnt hand over the possession to you in time after paying full amount they will have to pay you the interest or rent of the Property.
6. There is no risk in depositing full amount to bank.

Auction purchaser has no right, If bank proceeding over ruled by DRT, purchaser will left at the mercy of bank. Bank delays lot to process refund with interest and once sale is done, dose not bother is any encumbrance is exited on the property.  One sold, bank is free.

Case is still subjudice before DRT and sagging in borrower favor. Even if some how you manage possession. it can be taken away any time by DRT. 

Better ask for refund with interest and compensation for lose of possibility to purchase another property due to increase in property prices. .

1.  You can ask for additional time for payment of balance of amount from the bank because it was not your fault that the payment was not done, you had made the full payment earlier whereas the bank returned the amount to you hence you can seek time for payment, if they dont grant then you can proceed agaisnt the bank with an injunction suit.

2. You have nothing to do with the court so soon because you were not a party to any case earlier, therefore you may have to approach bank alone for all the reliefs you now seek.

3. If you want to demand interest on the money held by the bank, you can very well issue a legal notice demanding the same, let the bank give a reply after which you can initiate legal steps if necessary.

4. What do you mean by cost of additional encumbrance, did you incur any expenses over any encumbrance on the property?, you may specify

5. You may demand physical possession before making the final and full payment.

6. You may not deposit the full amount until the bank is taking physical possession of the property from the borrower.

1. As per the information mentioned in the present query, makes it clear that you want to know the procedure under which you can get some extra time to arrange funds for the same.
2. Before I brief you on that let me tell you to please check any other dues from any other department are not there as otherwise that money will also have to be paid by you as the property you have bought is “as is where is”.
3. Yes, you can move an application before the same bench of Hon’ble High Court seeking some more time stating the reasons as you also need time to arrange for funds and when you have waited for so long then bank can also wait at least for few months.

1) you can make 75 per cent payment and request bank to issue sales certificate 

2) if bank issues sales certificate then call upon bank to deliver physical possession of property and not merely symbolic possession 

3) you can approach bank ombudsman 

Challenge the same with legal notice. 

Yes you can occupy. 

Yes banking ombudsman or consumer court as per your convinience

1.  The bank may not be allowed to re-auction until the previous auction did not fetch the desired revenue through that auction, however there is nor restriction for bank's re-auction on that grounds.

2. Until you have not received any demand notice, it is not advisable to deposit any amount in this regard.

3. Until the physical possession is handed over you may not be able to occupy the property, you may demand the bank to take physical possession and hand it over to you.

4. This may not come under the ambit of banking ombudsman, however you can make representation.

No bank cannot re auction the already auctioned property. 

Yes you can deposit the money to bank account by going to branch. 

You cannot occupy the property directly you need to get registration done before taking the possession.

Yes you can approach banking ombudsman.