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Q. Can auction done 6 years back under SARFAESI ACT still be challenge before High Court in a pending civil writ?

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posted 1 year ago

Q.Can auction done 6 years back under SARFAESI ACT still be challenge before High Court in a pending c...
The secured assest for a home loan was auctioned 6 years back by the bank in 2013. It was 2nd auction. The 1st was stayed by the order of the High Court in 2012. Later, the high court ordered the auction but in accordance with PROCEDURE ESTABLISHED BY LAW. Also, the bank said the mortgaged property measured 512 sq. yds. But the High Court ordered auction of 1/4th of 512sq.yds. only.

The 2nd auction was conducted within 8 days of public notice.

There was no valuation of property done the 2nd time. The 1st valuation was done a year before i.e. in 2012, when the property was put to auction for the 1st time.

The borrower was not allowed to bid in the auction.

The auction was not challenged in the DRT because the borrower could not afford to fight another proceeding and for that, to hire another lawyer, and decided to challenge the auction- proceedings before the High Court only.
Infact, the bank approached the DRT to recover residue amount of loan with huge interests and all the charges they incurred in the auction including hiring A WATCHMAN WHO WAS PAID 1 LAC!!

The writ is still pending and the property auctioned 6 yrs back. Can the auction still be challenged in the pending writ proceedings only where the matter as to 1/4th of 512 sq. yds. is still pending, but the property which is the subject matter of the writ is already sold? The writ proceedings have just reached the stage of "NOTICE FOR ADMISSION."
If yes, on what grounds, should they contest the writ?

Does contesting a claim of your constitutional rights mean that you have no intention to pay the debt back?

The borrower just wanted to settle for a lesser amount and that the time of paying back could be exceeded by the bank itself. When the bank didn't listen to them, they approached the court. Does this mean that they wanted to escape their liability?

Does not contesting your remedy before the statutory body and with in reasonable time mean you are not watchful of your rights and hence, the court would not listen to you?

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) Dear Sir,
You can amend the pending Writ Petition to seek necessary relief or file a new Writ petition.

For full procedure contact me on mobile through Vidhikarya.
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