Belated challenge to finalised auction sale was rejected, but equitable monetary relief was still granted to balance the parties.

A belated writ challenge to a concluded auction sale was not entertained where the appellant knew the valuation and upset price, failed to object in time, and third-party rights had already crystallised; the sale in favour of the auction purchaser was upheld. Even so, the Court exercised constitutional power to do complete justice and granted quantified monetary relief to balance the equities, directing payment in full and final settlement of dues with default interest for delay. The ruling distinguishes between interference with a finalised auction, which was declined on the facts, and separate equitable monetary relief, which was allowed despite the sale remaining undisturbed.

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Issues: (i) whether the challenge to the auction sale of the society's immovable property was liable to be entertained after the sale had been finalised in favour of the auction purchaser; (ii) whether, despite upholding the sale, monetary relief could be granted to the appellant in exercise of constitutional power to do complete justice.

Issue (i): whether the challenge to the auction sale of the society's immovable property was liable to be entertained after the sale had been finalised in favour of the auction purchaser.

Analysis: The appellant was aware of the valuation and upset price before the auction and did not promptly invoke writ jurisdiction to stall the process. The sale notice had been published, the appellant did not object in time, and the auction culminated in the creation of rights in favour of a third party. In such circumstances, a belated challenge after finalisation of the sale was not to be encouraged, especially where the appellant had allowed the matter to drift and third-party rights had intervened.

Conclusion: The challenge to the auction sale was not entertainable on facts, and the sale in favour of the auction purchaser was upheld.

Issue (ii): whether, despite upholding the sale, monetary relief could be granted to the appellant in exercise of constitutional power to do complete justice.

Analysis: Although the sale was not interfered with, the Court noted the appellant's outstanding dues, the earlier valuation of the property, and the circumstances under which the property was ultimately sold. Balancing the equities, the Court invoked its power to do complete justice and directed payment of a quantified sum to the appellant in full and final settlement of its dues, with default interest if payment was delayed.

Conclusion: Monetary relief was granted to the appellant under constitutional powers, while the auction sale itself remained undisturbed.

Final Conclusion: The appeal succeeded only to the extent of securing a quantified monetary direction in favour of the appellant, but the auction sale was otherwise sustained.

Ratio Decidendi: A belated writ challenge to a concluded auction sale will not ordinarily be entertained once third-party rights have crystallised, but equitable relief may still be fashioned to balance the interests of the parties where complete justice so requires.

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