VidhiSangh

Supreme Court of India · 16/02/2022

SRS ADVERTISING & MARKETING PVT. LTD. ORS versus MR. KAMAL GARG & ANR.

[2022] 2 S.C.R. 254 · 2022 INSC 192

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An auction purchaser sought writ relief because interim protection against re-auction had not been granted while his DRAT appeal remained pending. The High Court instead allowed fresh payment and directed confirmation, possession and perfection of title, effectively determining the substantive dispute. The Court held that this exceeded the scope of the proceedings and rendered the pending appeal infructuous. It set aside the High Court orders and directed the DRAT to decide the appeal independently, preferably within four months of receiving the order.

Issues

  1. Whether a challenge to non-grant of interim relief permitted final substantive auction relief while the statutory appeal remained pending.
  2. What forum should decide the purchaser’s challenge to the forfeiture order.

Held

Result

Borrower’s appeals allowed to the stated extent; High Court orders set aside. DRAT to decide the pending appeal independently, preferably within four months of receiving the order. No costs.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 254.