VidhiSangh

Supreme Court of India · 28/04/2025

GBJ HOTELS PRIVATE LIMITED versus SRIHARAN SRIPATHMANATHAN & ORS.

[2025] 4 S.C.R. 2444 · 2025 INSC 585

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Summary

The Supreme Court, having itself invited improved sealed bids for a secured asset auctioned under the SARFAESI Act after the High Court had entertained a higher third-party offer, confirmed the sale to the higher bidder, fixed 18% interest on the refunded deposit of the original auction purchaser, and left all other questions, including the quantum of the debt, open.

Issues

  1. Whether the sale of the secured asset to the higher bidder, which outbid the original SARFAESI auction purchaser in sealed-cover bidding directed by the Supreme Court, should be confirmed.
  2. At what rate the asset reconstruction company should pay interest on the Rs. 27 crore it had refunded to the original auction purchaser.
  3. Whether the Court should examine the asset reconstruction company's claim that the debt far exceeded the bid amount, or the borrowers' contention that the asset was sold at a throwaway price.

Held

Result

SLP disposed of; sale to the higher bidder confirmed; Rs. 27 crore refunded to the petitioner to carry 18% per annum interest, payable within seven days; possession to be delivered to the successful bidder within a month; Rs. 33 crore deposit releasable to the secured creditor; all other questions left open; order not a precedent.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2444.