VidhiSangh

Supreme Court of India · 16/10/2024

IDBI BANK LTD. versus RAMSWAROOP DALIYA AND ORS.

[2024] 10 S.C.R. 1371 · 2024 INSC 780

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Summary

The Supreme Court upheld a High Court direction to IDBI Bank to issue a sale certificate to auction purchasers whose confirmed SARFAESI auction the bank had cancelled unilaterally. Rule 9(4)-(5) of the Security Interest (Enforcement) Rules, 2002 applies only where the purchaser has defaulted, and the time for paying the balance can be extended by written agreement. Here the delay was the bank's own doing, and the bank could not raise a Rule 9(4) default for the first time in its counter affidavit.

Issues

  1. Whether the auction purchasers defaulted in depositing the balance sale consideration within the time under Rule 9(4) of the Security Interest (Enforcement) Rules, 2002, so as to entitle the bank to cancel a confirmed auction.
  2. Whether the bank could justify the cancellation on a ground of default under Rule 9(4) raised for the first time in its counter affidavit.
  3. Whether the period under Rule 9(4) is absolute, and whether upholding the sale amounted to extending a statutory period contrary to Union Bank of India v Rajat Infrastructure.

Provisions considered

Held

Result

Appeals dismissed with no order as to costs; the High Court's direction to issue the sale certificate and register the sale deed in favour of the auction purchasers after they deposit the balance auction amount within four weeks was upheld.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1371.