SUREPALLI NANDA, UJJAL BHUYAN
S K Cars Lounge – Appellant
Versus
Union of India Rep by its Principal Secretary Ministry of Finance New Delhi – Respondent
ORDER :
Ujjal Bhuyan, J.
Heard Mr. A.P. Reddy, learned counsel for the petitioner; Mr. B.Mukherjee, learned counsel appearing on behalf of Mr. N.Rajeshwar Rao, learned Assistant Solicitor General for respondent No.1-Union of India; and Mr. G.Prabhakar Sarma, learned counsel for respondent No.2-State Bank of India.
2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of letter dated 25.03.2022 issued by the 2nd respondent and also seeks a direction to the said respondent to accept the balance 75% of the sale price.
3. Case of the petitioner is that respondent No.2 had conducted auction sale of the schedule property on 28.12.2021. Details of the schedule property are mentioned in paragraph 3 of the writ affidavit, which are as under:
4. The auction sale was conducted under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (briefly referred to hereinafter as the ‘SARFAESI Act’) for failure of the borrowers to repay the
The extended period for payment after an auction sale should exclude the duration of any stay order, and the threat of forfeiture of deposit should consider the impact of any stay order.
Point of Law : It is settled proposition that an order of the Court should cause prejudice to none. In view of the stay granted by this Court, which continues till today, no blame can be laid at door....
The Court emphasized that the sale confirmation letter could not have been issued before the expiry of the stay order and held that the petitioner should not be burdened with additional interest or p....
The court emphasized the importance of complying with statutory provisions and ensuring that orders and directions are issued in accordance with the law, while also considering the bona fides of the ....
Though existence of an alternative remedy is not an absolute bar to the maintainability of a writ petition under Article 226 of the Constitution, but a writ petition can be entertained in exceptional....
Writ court declines jurisdiction over SARFAESI auction disputes with factual issues; directs to DRT under Section 17.
though existence of an alternative remedy is not an absolute bar to the maintainability of a writ petition under Article 226 of the Constitution, but a writ petition can be entertained in exceptional....
The SARFAESI Act mandates strict adherence to auction payment timelines, allowing forfeiture of deposits for non-compliance.
The Court emphasized the need for reasons in an order, the safeguarding of the interests of innocent third parties, and the compliance with the provisions of the SARFAESI Act in the disposal of cases....
The court affirmed that banks must comply with statutory requirements and not engage in arbitrary actions against successful auction bidders, protecting rights under Article 14.
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