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Bombay High Court Dismisses Certificate Debtors' Challenge to Auction Sale Under SARFAESI Act — Sale Confirmed and Possession Delivered. Court Held That Remedy Under Section 17 of SARFAESI Act Is Not Available After Sale Certificate Is Issued.

The petitioners, original certificate debtors, challenged the auction sale of their property conducted by Punjab National Bank under the Securitisatio...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

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Supreme Court Upholds Bank's Reauction and Deposit Forfeiture Under SARFAESI Act, 2002. Auction purchaser's failure to pay balance within stipulated time justified forfeiture, with liberty to pursue recovery through independent proceedings.

The appeal arose from a dispute involving auction proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale Due to Alternative Remedy and Suppression of Facts. Petitioner, a Director and Shareholder of Mortgagor Company, Failed to Disclose Rejection of OTS and Auction Sale, Leading to Dismissal with Costs.

The petitioner, Ms. Archana Wani, a director and shareholder of respondent No. 5 (N. Kumar Housing and Infrastructures), filed a writ petition under A...

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Madras High Court Allows Bank's Writ Petition for Registration of SARFAESI Sale Certificate Despite Prior Sale Deeds by Mortgagor. Sub-Registrar Directed to Register Sale Certificate as Unauthorised Sales by Mortgagor Do Not Bind Secured Creditor.

The case involved a writ petition filed by Canara Bank under Article 226 of the Constitution seeking a mandamus to direct the Sub-Registrar, Kelamanga...

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High Court of Bombay Considers Auction Purchaser's Writ Petition for Physical Possession Under SARFAESI Act. Petition Filed by Auction Purchasers Seeking to Enforce Registered Sale Certificate and Section 14 Order Despite Borrower's Pending Appeal Against DRT Order.

The writ petition was filed by auction purchasers who had purchased a secured asset in an e-auction conducted by respondent No.2 bank under the SARFAE...

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High Court of Karnataka Allows Canara Bank's Appeal Against Refund Order in SARFAESI Auction Dispute — Bank Not Obliged to Refund 25% Deposit When Auction Purchaser Defaults on Balance Payment.

The appellant, Canara Bank, conducted an e-auction on 29 November 2021 of a property under the Securitisation and Reconstruction of Financial Assets a...

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Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...