VidhiSangh

Supreme Court of India · 02/05/2023

G. VIKRAM KUMAR versus STATE BANK OF HYDERABAD & ORS.

[2023] 5 S.C.R. 624 · 2023 INSC 475

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Summary

The auction purchaser succeeded against an agreement-holder who obtained writ relief after the bank auction. The statutory DRT remedy should have been used, and the agreement had already been declared void for being entered without the required approval during pending proceedings. The Court directed completion of the auction sale on specified payment terms, refund to the agreement-holder’s heirs with interest, and vacation within three months.

Issues

  1. Whether writ relief against the auction was justified despite the section 17 remedy and the DRT’s prior ruling on the agreement.
  2. Consequential rights and payment obligations of the auction purchaser and agreement-holder’s heirs.

Provisions considered

Held

Result

Appeals allowed without costs; High Court judgments set aside. Auction sale to be completed on the directed payment terms; heirs to receive refund with nine per cent interest and vacate within three months.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 624.