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Home Banking

Sarfaesi – Auction – Rule 9(4) –  Appears to be not as sacrosanct and the period can be extended

by PLRonline
December 4, 2022
in Banking, Sarfaesi
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Security Interest (Enforcement) Rules, 2002, Rule 9(4) –  Appears to be not as sacrosanct and the period can be extended – Clearly manifests that the Rule 9(4) (pre-amended)  referring  to the period of 15 days for confirmation of sale or such extended period, ….

but the outer limit has not been defined and that appears to be not as sacrosanct and the period can be extended, as agreed upon in writing between the parties – If the time stands extended, the auction purchaser would not be considered to be a defaulter – By an amendment, the legislature with its consciousness has clarified that the agreement has to be between the purchaser and the secured creditor exceeding 15 days but in any case may not exceed three months although who are the parties to the agreement are not clear in the pre­amended Rule 9(4) of the Rules

read HERE

2022 SCeJ 1281, 2022 PLRonline 1492502, (2022-4)208 PLR 737 (SC) (SN)

Tags: Sarfaesi - AuctionSecurity Interest (Enforcement) Rules R. 9(4)
Previous Post

Sarfaesi – R. 9(4) – Four days’ delay which was caused in terms of the original auction notice, in deposit of the auction bid amount , in no manner, would frustrate or annul the auction proceedings

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DVA S. 12 – “Whether a proceeding under Section 12 of the D.V. Act can be challenged under Article 227 of the Constitution or under Section 482 of Cr.P.C. ? 

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[SC] Security Interest (Enforcement) Rules, 2002- R. 9(4) – The period of fifteen days in Rule 9(4) is not that sacrosanct and it is extendable if there is a written agreement between the parties for such extension

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