Once sale certificate is issued by Bank and registered you have clear and marketable title to property
you should not face problems in DRT
Hi. I have participated in an e auction, and paid the 10% emd rtgs, I was the only bidder and also successful bidder. I got the confirmation in the late evening of the e auction day. I had given the cheque payment of 15% more to the bank next day. But they have deposited in 4rt day. Fri Sat Sunday. And on Monday they have deposited and it got cleared and credited to the defaulter loan account on next day Tuesday ie Tuesday... I requested the bank to extend the time to pay the balance and it has granted without the consent of the borrower. I have taken 82days gradually to pay the balance and paid by cheques. I got sale certificate and got itvregiatered. Now the issue is the matter is in drt and will it be any problem to me.
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Once sale certificate is issued by Bank and registered you have clear and marketable title to property
you should not face problems in DRT
Drt has set aside the e auction. Stating auction not valid on the grounds of 75% not paid within the time and bank without the consent of borrower cannot extend .. [deleted].
1. Yes there can be problem that your money can be stuck till disposal of suit in DRT.
2. If DRT have set aside the e auction You can claim the money from bank which you paid after successful auction.
3. Bank will be liable to refund your money because it was duty of bank to take consent from borrower.
What is the subject matter before DRT?
The bank has discretionary powers to permit you to pay the balance amount at your ease if it is within the stipulated rules in this regard.
Therefore, in my opinion, if he borrower had approached DRT, it may be for his own grievances against the bank and may not be due to your delayed payment of balance of sale consideration amount.
In any case since the bank is the authority to decide about it, you should ot have any problem in this regard.
Whatever it may be, you may file a petition to implead you as a party in the pending case as a subsequent buyer and necessary party before the DRT and challenge the same as per law and on merits, if at all the borrower has sought any relief against you in the pending case.
If DRT has set aside the e-auction then the bank only has to give a satisfactory reply to you, i.e., the bank has to return the money obtained from you, you can even ask for interest towards the amount held buy the bank in this regard, provided the bank is not preferring an appeal before DRAT against this decision.
Auction is valid. Borrower can charge interest. Merely not taking consent of borrower for extending payment time, not the ground the ground to cancel auction. File appeal and without impleading you party in case, stay order is defective.
On every sale of immovable property, the purchaser shall immediately pay a deposit of 25 percent of the amount of the sale price, to the property shall forthwith be sold again.
2) The balance amount of purchase price payable shall paid by the purchaser to the Authorised Officer on or before the fifteenth day of confirmation of sale of the immovable property or such extended period as may be agree upon in writing between the parties.
3) since auction has been set aside you are entitled to refund of your money by the bank
1. Since you are the affected party, You can prefer to file an "intervene application" before the DRT, and request to condone off the delay, on grounds that you were the sole bidder and payment has been made and no purpose would be served to cancel the Auction and that no harm is being caused to the borrower party.
2. IF DRT refuses above, THEN move another application for directions to the Bank, to refund your money alongwith interest and other costs.
1. you can prefer an appeal against the order of DRT
2. if you do not want to prefer an appeal, you can claim your amount back from the bank
Upon receiving sale certificate from the bank, you will get clear marketable title. But the balance 75% of sale consideration has to be paid by 15th day, which you failed to do so.
As the e-auction was set aside by the DRT, you are entitled to refund of money paid by you.
Hi,
In the present circumstances, it is suggested that you file an application for impleadment in DRT and then pray for setting aside the order of setting aside e auction. Alternatively, you may move DRAT and file the application for setting aside the order of DRT.
Dear Sir,
The orders of the DRT can be challenged and set aside. It is only technical defect and which can cured by taking interest etc but entire e auction cannot be set asside as there is no lacuna in conducting e auction
1. Your making payment of the 15% on the 4th day is not as per law for which the P.O. of DRT might cancel the dale.
2. You will be able to defend yourself if you can submit evidence that the Bank had received the said cheque of 15% on the next day.