You have already filed application in DRAT 

you have to wait for disposal of your application before DRAT 

bank has to deliver possession of flat to you even if it is sold in as is where is basis 

Dear sir,

You have not stated as to how and why the DRAT is giving the dates only and why no further proceedings. If you are of the opinion that your benefits are hampered, file the writ in the high court to direct the bank to do the needful, 

Without delivery of possession, sale is not complete and as in where in basis is bad excuse.

Better file civil suit in court for recovery of possession or cancellation of sale with refund with interest. 

• Without possession,the sale certificate may not benefit you.It is a long process to get possession as collector will direct the police for eviction.If bank failed to give possession, claim your deposited money with cost and interest to the bank.
• It will take little time for approval of collector . You are advice to verify whether any case is pending in high court relating to that property between the original owner and bank . If so then you need to appear in the case

Hello,

1. In order to advise you best, one needs to have access to the Agreement you entered into with the Bank of India under the auction. Need to find out what was the as is where is basis the bank is referring to so that you can take on the bank and bring it to litigation and seek compensation.
2. Get the DRT matter expedited, once the lock-down is over. Get updates from your lawyer and seek ways to get a decision. Seek litigation charges from the  bank.

Issue- You are a auction purchaser of flat which was not in physical possession of Bank. At this juncture when you claim to bank to get you possession of this asset then bank takes plea that they have sold you this property on as is where is basis. 

Law & Statutes - SARFESI Act, 2002 and Security Interest Rules 2002.

Advise - You should initiate talk with bank keeping the proposal that Bank should file an appropiate application u/s 14 of SARFESI Act 2002 before District Magistrate to get the physical possession of the asset. You can propose that you are ready incur the expenses towards the process of filing application and taking possession. There is straight jacket mechanism for the banks to get the physical possession of asset. You should approach bank's legal department and regional/zonal office. You should explain them that there is no legal bar on banks to file these applications after auction sales of these assets. You should involve an expert or consultant so that proceeds can be facilitated between you comfortably.

Notes

• In your brief you have mentioned that you filed case at DRAT Mumba (Which appellate forum)i but you have not mentioned about outcome of case at DRT.
• you have not mentioned the grounds taken and prayer made in case filed at DRT or DRAT.
• Relief sought is very important to be determined.

Please provide the above details so that query can be resolved more specifically.

you will have to file a suit against the person who has actual possession of this property

the bank always sells property on as is where is basis

the purchaser is required to ascertain the title as well as possession and exercise all due diligence prior to bidding

once the sale certificate is executed by bank in your favour, its role ends

You can seek compensation from consumer court in this circumstances for deficiency of service against bank

Dear Sir,

You have bring pressure on the bank and make negative propaganda see that no body approach that bank. If you do not do like that then your case never taken on broad if taken no effective hearing will be held, if held, no effective and executable order will be passed. The Judges being human beings always take bias side inf avor of the corporate bank. Think wisely and try to teach them a lesson while reaching to your goal.

First inform whether bank issued you the sale certificate for auction sale. It is first requirements for auction sale by bank.

It is assumed that bank issued the sale certificate. 

The bank has failed to adhere the requirements of SARFASAI act which make it mandatory to give the vacant possession of the property.

So you can file a writ in HC seeking necessary direction to bank to give the vacant possession of the property, with the help of govt mechinery if required.

It would be the best and speedy process to take the possession.

1. You should file a Writ Petition before the High Court either directing the DRAT to dispose of the case within a fixed time period or direct the Bank to apply before the DM u/s14 of the SARFAESI Act,2002 for taking physical possession of the said property for handing over to you or to refund you the amopunt collected from you by the Bank with interest.

2. This is a common problem faced by the auction purchaser all over India who buys the flats before taking over physical possession of the same by the Banks. 

Hi

Yes this order is applicable on you also but in this order also it is mentioned that Process of Possession will not be distrubed.

File an application for interim relief in court to take possession instantly. and other matter can be sorted out later.

Thanks 

Order  passed would be applicable only to the aforesaid case 

if it was passed in your case where borrower failed to deposit money then stay has been vacated 

Order binding on you but whether have you checked, petitioner submitted the amount? If not than order is vacated and you are entitle to delivery of possession.

Are you party in high court If not than become party in court. Because if petitioner petition allowed than you have to circle bank for refund. Whatever amount deporisted by petitioner,  should paid to you if his pettion allowed + interest with bank. 

Matter is lock with high court, you can only file recovery suit against bank in civil court.

Also implead as party in high court. Also file application under 226(3) in high court.  Otherwise also if ad interim order not extended by court, stay expires after After 12 days .

This fact of the case is not similar with your case.

You can direct approach high court by a writ petition since bank has failed to perform its statutory duties of handing over the vacant possession of the property sold by them.

Other wise you need to move civil court . 

Yes it's applicable

Someone had challenged the auction sale 

However the court did not stop the auction 

While doing so the court kept the possession of the petitioner (who challenged the sale) unaffected subject to the condition that he has to deposit 11.86 lacs in court failing which the protection given to him will not  be available 

So assuming the petitioner deposited money in court as directed, his possession is protected and that may be the reason why the bank is unable to give you possession 

Since the case is pending before court you cannot do anything about it until the same is disposed by DRAT.

Have you given a legal notice to bank so far to handover possession of the property purchased through auction?

If not then you may issue a legal notice at least now, so that let the bank make a commitment through their reply notice.

Did you get a legal opinion before purchasing the property?

How can you buy a property which has not been even taken physical possession by bank?

Also the bank cannot auction sell the property without physical possession, hence it was your fault for not following the procedures at that stage itself hence you are suffering to this extent with monetary losses and mental strain.

The property owner, who is the petitioner in the case filed before high court has got this order in his favor.

This order of injunction is granted to owner to possess the property till the disposal of the case subject to payment of the said amount before court as deposit.

Hence you confirm that if he has deposited the said mount before court or not, it not then you may seek to dismiss the petition filed by the owner.

The order is very much applicable to you also.

Dear sir/madam,

The order cited by you is an interim order and not applicable to your present case. You are suggested to proceed as suggested earlier. 

Question - Whether this order is applicable to me ?? I m successful bidder and auction purchaser of the property.

Answer- First of all Let me make it clear that any action taken by bank under SARFESI Act or other act cannot be challenged in writ jurisdiction for the want of alternate remedy u/s 17 of SARFESI ACT and there are number of judgements of Supreme Court and Bombay High Court that high court will no interfere in SARFESI Proceedings. Referring to law laid down by Hon'ble Supreme Court in case of Authorised officer v/s Mathew KC reported in AIR 2018 SC 676.

Please take Note of it  whether High Court Case is appeal of order passed by DRAT or it challenges sale certificate or other proceedings of bank then above prepositions not applicable.

Later your refer to ad interim order yes this order is applicable to you subject to deposit of amount as per orders of Hon'BLE High Court. If borrower has not deposited that amount then that interim order is not binding.

It is advised to you that you should file appropriate application be the party of that writ petition also.

1. You should file case for specific performance against bank and its officials.

2. Under specific performance suit you should claim the physical possession of house which bank have to provide to you after successful auction and payment of complete consideration.

3. You should also claim alternate relief of cancellation of Auction and refund of money paid to bank along with interest and compensation for delaying the physical possession.

1. You should tell whether the said order pertains to any the petition filed by the Borrower/Mortgagor of the property you have purchased or not.

2. If it is so, then you can file an intervening application in the said Writ Petition praying for an order directing the Bank to either arrange to handover physical possession of the said property to you within next 30 days or return you the amount paid by you with interest and cost.

3. If the Borrower has not paid Rs.11,86,000/- to the Bank within one week from 26.11.2018, then  you can expect the Bank to win the case and handover possession of the property to you.

4. You shall have to find out what was the order passed given by the Court when the matter was heard on 21.01.2019.

5. Contact the Bank to get the information or get the order copy from the website of the High Court.