VidhiSangh

Supreme Court of India · 02/02/2024

AUTHORISED OFFICER, CENTRAL BANK OF INDIA versus SHANMUGAVELU

[2024] 2 S.C.R. 12 · 2024 INSC 80

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Summary

A successful bidder who failed to pay the balance auction price within the permitted period was subject to forfeiture of the full 25% deposit under Rule 9(5) of the SARFAESI Rules. The provision could not be read down to limit forfeiture to the bank’s proved loss; the bidder’s financial difficulty was not exceptional on these facts.

Issues

  1. Whether forfeiture of the auction purchaser’s 25% deposit under Rule 9(5) was limited to the secured creditor’s actual loss under Sections 73 and 74 of the Contract Act.
  2. Whether subsequent resale at a higher price or the purchaser’s financial circumstances justified setting aside forfeiture.

Provisions considered

Held

Result

The bank’s appeals were allowed. The High Court judgment was set aside and the auction purchaser’s application before the DRT was dismissed.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 12.