Prudeta
2026 INSC 633
๐ Paras 1-4
The appellant, daughter of a deceased guarantor, challenged an auction sale of a secured asset conducted under the SARFAESI Act, 2002. The original loan was advanced in 1984, and a preliminary decree was passed in 1997. The guarantor died in 2001. After failed settlement attempts, the secured creditor issued demand and sale notices under the SARFAESI Act. The auction sale occurred on March 11, 2010, with the second respondent as the successful bidder. The appellant and other heirs challenged the sale before the DRT, DRAT, and subsequently the High Court, all of whom dismissed their petitions.
๐ Paras 1, 2, 4(g), and implied from Chunk 2
Whether the auction sale conducted under the SARFAESI Act is vitiated due to non-compl
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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