Under SARFAESI Act, an auction sale can be cancelled only if the purchaser has defaulted in payment of balance amount
In IDBI Bank Ltd. v. Ramswaroop Daliya and Ors., SLP (C) Nos. 8159-8160/2023 the Supreme Court has held that an auctioneer cannot refuse to issue...
Borrower can stall auction proceedings under the SARFAESI Act and restrain the secured creditor/bank from selling the property only if he deposits the entire dues
If the bank has already initiated the proceedings under Section 13 of the SARFAESI Act and even the possession of the mortgaged property was taken...
Courts have power to mould relief to lender and borrower under the SARFAESI Act
The question as to whether courts and judicial authorities have the power to mould relief to the lender or the borrower under the SARFAESI Act...
The conduct of the Borrower can show waiver & he is estopped for arguing violation of Section 13(3A) of the SARFAESI Act: Supreme Court
The Supreme Court was considering the question whether a borrow can be regarded as having waived his rights by inaction and whether he is estopped...
Supreme Court Explains SARFAESI Act In Latest Judgement
In the latest judgement, the Supreme Court has analyzed the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,...