In Brief
A builder borrowed money from a bank for a housing project but defaulted. The bank initiated auction proceedings under the SARFAESI Act against the builder. Meanwhile, the builder sold one flat (6401) to a third party without the bank's or DRT's permission. The bank auctioned the property; the appellant won the auction. The unsuccessful agreement-holder filed a writ petition before the High Court, which allowed it. The Supreme Court held that the writ petition should not have been entertained because an alternative statutory remedy under the SARFAESI Act was available. Furthermore, the agreement was void as it was executed without proper authority during pending proceedings. The auction was valid, and the appellant's rights as a successful bidder were upheld.
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