Digital Age, Banks Can E Auction Property : Rules High Court

Electronic auction of properties by banks in India can not be challenged in the modern era of social networks, the Madras High Court ruled.

We should take note of the fact that we are in the age of Facebook, You Tube and Twitter. We are in an age where man has set his sights on planets which are many light years away,  judges M Jaichandren and K Kalyanasundaram wrote in a judgement.

As such, it can be said that the process of e-auction sale, followed by the respondent banks, is only a very small step taken towards adopting modern technologies in implementing the procedures provided by law, the judges ruled.

The writ petitions were brought up by a slew of borrowers like the Tamil Nadu Organic, Gangtori Textiles, Yoga Nectar Ayurceuticals and DR Logistics.


The petitions were against the State Bank of India (SBI) ,the Central Bank of India (CBI), the Indian Bank, the Union Bank of India (UBI), other public sector banks and the ICICI Bank.

If a borrower defaults on 3 consecutive installments, the bank sends a notice to the borrower and gives 60 days for borrower to reply.

Post this it auctions out the property based on the outcome. With the advent of technology, auctions have taken place through electronic means in the last couple of years.

Even the Ministry of Finance wants the transactions to move to the e-auction platform. The petitioners argued that under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, which deals with bad loans, permits public auction but does not prescribe e-auction. So, e-auction is illegal and there was no transparency in the process.


Low literacy levels in rural areas will prevent people from participating in the process, according to the petitioners. The respondents or the banks argued that e-auction was a public auction aided by technology.
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