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Borrower’s Redemption Rights Extinguished on Auction Notice Under Amended Section 13(8) SARFAESI Act
NCLAT ruled that a borrower’s redemption right under amended Section 13(8) of the SARFAESI Act ends once the auction notice is issued, rendering subsequent sales immune from challenge under the IBC even during moratorium, thereby safeguarding secured creditor actions and public auction integrity.
Oct 9, 20255 min read


DRAT Empowered to Reduce Interest Granted by DRT under Section 19(20): Rajasthan High Court
The Rajasthan High Court upheld DRAT’s discretion under Section 19(20) of the RDB Act to reduce interest granted by DRT, ruling that a reasoned exercise of such discretion cannot be interfered with in writ jurisdiction.
Oct 6, 20253 min read


Bank’s Failure to Disclose Encumbrances of Property in Auction Notice Renders Sale Invalid, Supreme Court Orders Refund
The Supreme Court held that a bank-conducted auction of leasehold property without disclosure of the lessor’s statutory dues and mandatory consents is void, directing a refund to the purchaser under Rule 53 of the Income Tax Act read with Section 29 of the Recovery of Debts and Bankruptcy Act.
Sep 26, 20254 min read


High Court Rules Magistrate Acts Only Ministerially Under Section 14 SARFAESI; Condition Protecting Third-Party Possession Quashed
Karnataka High Court ruled that a Magistrate exercising powers under Section 14 SARFAESI acts ministerially and cannot impose conditions protecting third-party possession; such claims lie before the DRT under Section 17.
Sep 20, 20253 min read


DRAT Quashes SARFAESI Auction for Rule 8 Violations, Rendering Sale Void
The DRAT Allahabad quashed a SARFAESI auction, holding that failure to issue proper notice and conduct fair valuation under Rule 8 renders the sale void and the creditor’s possession illegal.
Sep 18, 20254 min read


Supreme Court: Borrower Has No Vested Right to OTS; Claim Fails Without Mandatory Deposit
The Supreme Court ruled on 15 September 2025 that a borrower has no vested right to a One Time Settlement and that any claim fails if the mandatory deposit under the scheme is not made.
Sep 17, 20253 min read


Secured Creditor Entitled to Invoke Section 14 SARFAESI Act for Physical Possession Even After Sale: Calcutta HC
The Calcutta High Court held that a secured creditor may invoke Section 14 of the SARFAESI Act even after sale, and the District Magistrate’s role is executory, limited to ensuring physical possession, without adjudicatory powers.
Sep 14, 20254 min read


No Adjudicatory Role of District Magistrate Under SARFAESI; Functions Purely Ministerial
The Rajasthan High Court ruled that the District Magistrate’s role under Section 14 of the SARFAESI Act is purely ministerial, limited to verifying compliance and facilitating possession, without authority to adjudicate disputes.
Sep 13, 20253 min read


Borrowers Have No Vested Right to Extension Under OTS: High Court Upholds Bank’s Power to Cancel and Auction Secured Assets
Allahabad High Court ruled that borrowers have no vested right to extension under OTS; failure to comply within 180 days lapses the settlement, enabling banks to cancel and auction secured assets.
Sep 11, 20253 min read


Bank of Baroda Classifies Reliance Communications and Anil Ambani Loan Accounts as Fraud
Bank of Baroda has classified the loan accounts of Reliance Communications and Anil Ambani as fraudulent, citing forensic audit findings of irregularities and suspected fund diversion amid ongoing IBC proceedings and regulatory scrutiny.
Sep 5, 20252 min read
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