Mortgage sale challenge rejected where public auction did not fructify and private sale followed notice and opportunity to pay dues.

A challenge to the bank's disposal of mortgaged property failed because the record showed the public auction had not matured into a sale, and the bank later proceeded by private sale after informing the borrowers and giving them an opportunity to clear the dues. On that factual basis, objections based on alleged auction-rule violations, the sale certificate, and the timing and reserve price of the sale were not sustained. The borrowers' repeated default also weighed against interference. The appeal failed, though directions were issued to deliver only the mortgaged extent of land after proper demarcation in the presence of the borrowers.

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Issues: Whether the sale of the mortgaged property by the Bank, including the manner of disposal and the challenge based on the reserve price and the sale process, warranted interference in appeal.

Analysis: The challenge proceeded on the assumption that the property had been sold through the public auction notification, but the record showed that the auction process had not fructified. The Bank thereafter resorted to private sale and had earlier informed the appellants and afforded them opportunity to clear the outstanding dues. The objections regarding the alleged violation of the auction rules, the sale certificate, and the timing and price of the sale could not be sustained on that factual basis. The appellants had repeatedly failed to discharge the liability, and the purchaser had remained unable to enjoy the property because of the pendency of the proceedings.

Conclusion: The challenge to the sale was rejected and no interference was called for.

Final Conclusion: The appeal failed, while directions were issued to ensure delivery of only the mortgaged extent of land after proper demarcation in the presence of the appellants.

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