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2024 Supreme(SC) 365

VIKRAM NATH, SATISH CHANDRA SHARMA
Govind Kumar Sharma – Appellant
Versus
Bank of Baroda – Respondent


Advocates appeared:
For the Petitioner(s): Mr. R. P. Shukla, Adv. Mr. Dhruv Shukla, Adv. Ms. Upasana Shukla, Adv. Ms. Aeishwarya Sharma, Adv. Mr. Vibhav Mishra, AOR Mr. Vijay K. Jain, AOR
For the Respondent(s): Mr. Arun Aggarwal, AOR Ms. Anshika Agarwal, Adv. Mr. Mohit Saini, Adv. Mr. Shiviam Saini,Adv. Mr. Praful Rawat, Adv. Mr. Pramod Kumar Singh, Adv. Mr. Vijay Pal, Adv. Mr. Ram Shiromani Yadav, Adv. Ms. Namrata Trivedi, Adv. Mr. Gajendra Kumar, Adv. Mr. Om Prakash, Adv. Mr. Mahendra Singh, Adv. Mr. Rameshwar Prasad Goyal, AOR

JUDGMENT :

VIKRAM NATH, J.

Leave granted.

2. The appellants herein have assailed the correctness of the judgment and order dated 02.07.2018 passed by the Allahabad High Court dismissing the Writ Petition of the appellants, confirming the orders passed by the Debt Recovery Tribunal1[DRT] as also the Debt Recovery Appellate Tribunal2[DRAT], whereby the auction sale held in favour of the appellants had been set aside and the appeal was dismissed.

Brief facts in nutshell are as follows:

3. The firm-respondent no.3, had taken a loan from the respondent no.1-Bank. However, as it went into default, the Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20023[SARFAESI Act]. In the said recovery proceedings, the Recovery Officer conducted an open auction. The appellants were the highest bidder. Their bid was accepted and they made good the deposits as per the terms of this auction. Accordingly, a sale certificate was issued in their favour on 30.03.2009. It may be noted here that the appellants were tenants of the borrower in the premises in question which had been put to auction. As such the status of the appellan

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