J. B. PARDIWALA, R. MAHADEVAN
M. Rajendran – Appellant
Versus
KPK Oils And Protiens India Pvt. Ltd. – Respondent
The legal position is that once the sale is confirmed and a sale certificate is issued, the auction purchaser acquires vested rights protected by law. The bank cannot unilaterally cancel or revoke the auction after confirmation and issuance of the sale certificate without a valid legal basis and following due process (!) (!) . Any cancellation at this stage would be impermissible unless justified by exceptional legal grounds, as the process and finality of the auction are integral to the purchaser’s rights (!) .
| Table of Content |
|---|
| 1. factual background of the case. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 2. judgment of the high court regarding redemption rights. (Para 26 , 29 , 30 , 31) |
| 3. arguments presented by both parties. (Para 33 , 34 , 35 , 36) |
| 4. interpretation of section 13(8) of sarfaesi act. (Para 54 , 60 , 101 , 110) |
| 5. final order and directions of the court. (Para 202 , 203) |
JUDGMENT :
J.B. PARDIWALA, J.:
For the convenience of the exposition, this judgment is divided into the following parts: -
| INDEX |
| I. FACTUAL MATRIX |
| A. Proceedings before the DRT |
| II. IMPUGNED ORDER |
| III. SUBMISSIONS OF THE PARTIES |
| A. Submissions on behalf of the appellants. |
| B. Submissions on behalf of the borrowers. |
| IV. ISSUE FOR DETERMINATION |
| V. ANALYSIS |
| A. Legislative History and Scheme of the SARFAESI Act. |
| i. The impetus behind enactment of the SARFAESI Act. |
| ii. Relevant Statutory Provisions at Play. |
| B. Section 13 (8) of the SARFAESI Act and the Decision of this Court in Bafna Motors |
| i. Factual Scenario in Bafna Motors |
| ii. Ratio of the Decision in Bafna Motors |
Mathew Varghese v. Amritha Kumar and Ors. reported in (2014) 5 SCC 610 [Para 29]
Celir LLP v. Bafna Motors (Mumbai) Private Ltd. reported in (2024) 2 SCC 1 [Para 33]
Mardia Chemicals Ltd. & Ors. v. Union of India & Ors. reported in (2004) 4 SCC 311 [Para 43]
United Bank of India v. Satyawati Tondon & Ors. reported in (2010) 8 SCC 110 [Para 44]
L.K. Trust v. EDC Limited & Ors.reported in (2011) 6 SCC 780 [Para 75]
Dwarika Prasad v. State of Uttar Pradesh reported in (2018) 5 SCC 491 [Para 79]
Allokam Peddabbayya & Anr. v. Allahabad Bank & Ors. reported in (2017) 8 SCC 272 [Para 80]
Sri. Sai Annadhatha Polymers & Anr. v. Canara Bank rep. by its Branch Manager
Shakeena & Anr. v. Bank of India & Ors. reported in (2021) 12 SCC 761 [Para 90]
S. Karthik and Ors. v. N. Subhash Chand Jain and Ors. reported in (2022) 10 SCC 641 [Para 91]
Canara Bank v. M. Amarender Reddy reported in (2017) 4 SCC 735 [Para 135]
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