In a significant verdict, the Supreme Court has clarified that banks cannot automatically assert physical possession over properties held by tenants who emerge as successful bidders in auction sales, following the nullification of the auction. This decision, handed down by a Bench comprising Justices Vikram Nath and Satish Chandra Sharma, overturns a direction issued by the Debts Recovery Tribunal (DRT) and sets a crucial precedent in property law.
The case in question involved auction sale proceedings initiated by a bank under the SARFAESI Act, where the successful bidders were tenants of the property in question. Upon the sale's annulment, the DRT ordered the bank to refund the auction proceeds to the successful bidder only upon obtaining physical possession of the property. However, the Supreme Court, through Justice Vikram Nath's authored judgment, reasoned that post-setback, the status of the appellants (successful bidders) automatically reverts to that of tenants, thereby precluding the bank from asserting physical possession rights over the property.
Additionally, the Court highlighted a procedural lapse on the bank's part, emphasizing its failure to serve the mandatory 30-day notice to the borrower before initiating auction sale proceedings. This failure to adhere to statutory provisions further undermined the bank's claim to the auction proceeds.
The Supreme Court's ruling is not only a reaffirmation of tenants' rights but also underscores the importance of due process in auction sale proceedings. By rejecting the automatic transfer of possession to the bank post-auction setback and ordering the refund of auction proceeds to the successful bidders, the Court has upheld principles of equity and fairness in property transactions.
Moreover, the Court's insistence on adherence to statutory notice requirements serves as a stern warning to banks and financial institutions, emphasizing the need for strict compliance with procedural norms.
In light of this verdict, the banking sector may need to review its practices concerning auction sale proceedings to ensure full compliance with legal requirements and safeguard the rights of all stakeholders involved. The Supreme Court's decision marks a pivotal moment in property law jurisprudence, setting a precedent that prioritizes fairness and adherence to due process in matters of property rights and transactions.
