VidhiSangh

Supreme Court of India · 16/11/2022

VARIMADUGU OBI REDDY versus B. SREENIVASULU & ORS.

[2022] 16 S.C.R. 1108 · 2022 INSC 1207

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Summary

A bank auctioned a mortgaged house in Anantapur under the SARFAESI Act in March 2015 for Rs 64.23 lakh. The Debts Recovery Tribunal had allowed the auction and given the borrowers time to deposit Rs 6 lakh, which they never paid. The buyer paid the balance 75% four days late, at the bank's request while the borrowers negotiated. The Tribunal upheld the sale, but in a writ petition the Telangana High Court set it aside for breach of Rule 9(4) and because the door number appeared as '12-3-393' instead of '12-3-39'. The Supreme Court restored the sale. The borrowers had bypassed the Section 18 appeal, apparently to avoid its pre-deposit. The door-number slip caused no prejudice when the property was otherwise fully described. The unamended fifteen-day period in Rule 9(4) is not sacrosanct, and the short delay arose amid the borrowers' own litigation.

Issues

  1. Whether the High Court should have entertained a writ petition against a DRT order appealable under Section 18 of the SARFAESI Act.
  2. Whether a typographical error in the door number of the auctioned property and a four-day delay in depositing the balance price under Rule 9(4) vitiated the auction sale.

Provisions considered

Held

Result

Civil Appeal No. 8470 of 2022 allowed; the Telangana High Court judgment dated 20.11.2019 in Writ Petition No. 17702 of 2019 set aside and the sale restored; the surplus of Rs 16,30,000 with accrued interest (about Rs 18.80 lakh) to be paid to the borrowers/guarantor within eight weeks; no costs.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 1108.