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Delhi High Court Upholds DRAT Order Allowing Auction of Defaulter’s Property — “DRT, by repeatedly extending time and setting aside an auction where no illegality was established, had erred in law; DRT’s final relief setting aside a lawfully conducted auction was an overreach.”

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Court’s Decision

The Delhi High Court dismissed a writ petition challenging the DRAT’s order dated 10.12.2018, which had reversed a DRT order that had set aside the auction sale of the petitioner’s residential property. The Court affirmed that the auction was lawful, the borrower had consistently defaulted despite multiple opportunities, and no valid challenge was raised against SARFAESI actions. The Court held:

“In light of the foregoing analysis, this Court is of the considered view that the order dated 22.03.2018 passed by the Ld. DRT is legally unsustainable and does not withstand judicial scrutiny.”

Accordingly, the Court upheld the DRAT’s direction to hand over possession of the residential property to the auction purchaser and permitted the bank to recover dues as if the One-Time Settlement (OTS) had never been offered.


Facts

The petitioner had taken loans from the respondent bank, mortgaging two properties. Following defaults, the bank issued notice under Section 13(2) of the SARFAESI Act on 03.10.2013. When possession was taken, the petitioner filed S.A. No. 79/2014, which was disposed of by the DRT on 29.12.2015 with directions to pay the dues in instalments by 31.03.2016. Failure to do so would allow the bank to proceed under SARFAESI.

Thereafter, the petitioner approached the bank for an OTS, which was granted on 30.07.2016 for ₹2.50 crores. ₹2.15 crores were paid, but the balance ₹35 lakhs was not paid within the stipulated period due to alleged financial constraints post-demonetization. Consequently, the bank withdrew the OTS on 24.02.2017 and resumed recovery proceedings under SARFAESI.

The petitioner filed S.A. No. 40/2017, during which he partially complied with the payment directions. Nonetheless, the residential property was auctioned on 07.07.2017. The DRT, by its order dated 22.03.2018, allowed the S.A., set aside the auction, and directed refund to the auction purchaser with interest.

This order was set aside by the DRAT on 10.12.2018, leading to the present writ petition.


Issues

  1. Whether the DRT rightly set aside the auction sale after finding substantial compliance with OTS.
  2. Whether the DRAT’s reversal of the DRT’s order was legally sustainable.
  3. Whether the petitioner could invoke Section 17(1) of the SARFAESI Act again after earlier accepting adverse orders.

Petitioner’s Arguments

The petitioner contended that he substantially complied with the OTS by paying ₹2.15 crores in time and ₹35 lakhs later with penal interest. The delay, caused by demonetization, was beyond his control. He argued that:


Respondent’s Arguments

The respondent bank argued that:


Analysis of the Law

The Court observed that Article 226 relief is discretionary and must be guided by equity and public interest. It cited M.S. Sanjay v. Indian Bank, 2025 SCC OnLine SC 368, reaffirming that the High Court should mould relief only when justice demands it and not as a matter of right.

It found that the petitioner:

Thus, the DRT’s final relief setting aside a lawfully conducted auction was an overreach.


Precedent Analysis

  1. M.S. Sanjay v. Indian Bank, 2025 SCC OnLine SC 368: Held that High Courts, under Article 226, must not mechanically interfere with actions taken per statutory procedure unless gross injustice is caused. Relief must be tempered with equity and public interest.
  2. Ambience Pvt. Ltd. v. Punjab & Sind Bank, (2014) 208 DLT 459: Cited by the petitioner to support the doctrine of legitimate expectation in contractual settlements.
  3. P. D’Souza v. Shondrilo Naidu, (2004) 6 SCC 649 and SBI v. Vijay Kumar, (2007) 11 SCC 369: Invoked to argue that substantial compliance under settlement schemes prevents banks from arbitrary withdrawal.

The Court distinguished these rulings, emphasizing that in the present case, the repeated defaults and absence of any challenge to SARFAESI action made the petition untenable.


Court’s Reasoning

The Court noted:

The Court concluded that continued indulgence to a defaulter in these circumstances would undermine judicial and financial discipline.


Conclusion

The High Court dismissed the petition, affirming the DRAT’s order, and found no reason to interfere under Article 226. It reiterated that:

“The remedy under Article 226 is discretionary… in a given case, even if some action is found to be illegal, the High Court can refuse to upset it if substantial justice is otherwise served.”


Implications

This ruling reinforces the principle that courts will not protect wilful defaulters who exploit litigation delays to stall legitimate recovery. It emphasizes judicial deference to banks’ commercial decisions, especially in recovery matters, and discourages the abuse of discretionary relief under Article 226.

Also Read: Delhi High Court Grants Bail in NDPS Case Despite Commercial Quantity; Terms 5-Day Custody in Hospital Without Magistrate’s Approval “Completely Illegal” 

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