Karnataka High Court
Property and Real Estate LawAdministrative and Public Law

Auction sale must be completed upon payment of the balance consideration with 21% annual interest.

FARAH BUILDERS PRIVATE LIMITED vs THE COMMISSIONER

Karnataka High CourtJUDGMENT: August 27, 20262 MIN READSOURCE JUDGMENT
Auction sale must be completed upon payment of the balance consideration with 21% annual interest.. FARAH BUILDERS PRIVATE LIMITED vs THE COMMISSIONER. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner was the successful bidder for Site No. 4120 at a Bangalore Development Authority (BDA) auction held on 8 May 2000 and deposited 25% of the bid amount.

Source reference: p. 2–6

The BDA did not confirm the sale because of interim orders in proceedings challenging the auction and related litigation concerning the land.

Source reference: p. 2–6

Although those writ proceedings were dismissed and the petitioner repeatedly sought confirmation, the sale remained unconfirmed.

Source reference: p. 2–6

The BDA opposed the petition, including on grounds of delay and laches, and offered that the petitioner could seek a refund or wait for the litigation to conclude.

Source reference: p. 2–6

At the hearing, the BDA relied on a separate auction-purchaser case in which the Supreme Court had directed payment of the balance price with 21% annual interest; the petitioner stated that it was willing to pay interest at that rate.

Source reference: p. 7–8
02

Issues

1. Whether the petitioner was entitled to an order requiring the BDA to complete the auction sale notwithstanding the delay in seeking relief and the prior litigation affecting confirmation.

Source reference: p. 4–6

2. Whether completion of the sale could be conditioned on payment of the balance auction price with interest at 21% per annum.

Source reference: p. 7–8
03

Law Applied

The Court applied no identified statutory provision or general precedent in its reasoning.

Source reference: no citation

It relied on the Supreme Court’s order dated 16 April 2026 in S.L.P. (C) No. 16/2026 concerning another BDA auction purchaser, which directed payment of the balance auction price with interest at 21% per annum and completion of the sale by execution of transfer deeds.

Source reference: p. 7

The Court also relied on the petitioner’s express willingness to pay interest at that rate.

Source reference: p. 8
04

Reasoning

The BDA had withheld confirmation because of pending litigation, and the petitioner had deposited only the initial 25% of the bid amount.

Source reference: p. 3–6

In light of the Supreme Court’s direction in the comparable auction matter and the petitioner’s willingness to pay interest on the outstanding balance, the Court directed payment of the balance price with 21% annual interest from the date it became payable until payment.

Source reference: p. 7–8

The Court did not separately determine the BDA’s objection based on delay and laches.

Source reference: no citation
05

Holding

The petition was disposed of with directions that the petitioner pay the balance auction price, together with interest at 21% per annum from the date the balance became payable until payment, within three months of receiving the order.

Within one month after payment, the BDA must execute the appropriate conveyance deeds transferring title to Site No. 4120 to the petitioner.

Source reference: p. 8
Karnataka High Court

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FARAH BUILDERS PRIVATE LIMITEDvsTHE COMMISSIONER

Karnataka High Court · August 27, 2026

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