• 25% payment and 75% of the e auction payment

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.
Asked 5 years ago in Property Law
Religion: Other

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17 Answers

Once sale certificate is issued by Bank and registered you have clear and marketable title to property 

 

you should not face problems in DRT 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No it should not be an issue to you. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi

You can opt to file a protest petition against drt

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

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. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can ask the bank to sign an indemnity bond to hold the bank liable. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you can appeal before the DRT by filing a Miscellaneous Application. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Challenge the said impugned order before the DRAT or High Court filing a writ Petition.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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