I am planning to buy a residential flat in auction under SURFAESI act from SBI Mumbai
SBI has followed the entire process like sending notices 13(2) , 13(4) etc to the borrower
However the bank officer told me that the borrower has filed a case in Bombay high court which is rejected and another case in DRAT which is pending..
As I am new to this auction thing I have the following questions -
Is it true that the borrower has to pay 50% of the loan money and only then he can appeal in DRAT ? In this case it will make his case strong and can affect me as a new buyer
1. Can bank go ahead with the auction while the appeal is pending with DRAT …like in our case
2. What will happen if the borrower gets a stay on the auction from DRAT after we have paid the 25% amount
3. What will happen to the pending case after we have paid the 100% amount and got the sale certificate from the bank….will we( the new buyer ) need to fight the case or will it go on between the borrower and SBI only