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Redemption right under SARFAESI extinguished at auction notice publication, vesting purchaser's entitlement to the sale certificate.
The amended SARFAESI framework extinguishes a borrower's right to redeem upon publication of the auction notice; if the borrower has not paid full dues by that date the redemption window closes. Once sale is confirmed under the Rules, the successful auction purchaser gains a vested right to the prescribed sale certificate, and the secured creditor cannot withhold the certificate or enter into a private redemption arrangement with the borrower to the detriment of the purchaser. (AI Summary)
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Date 05 Dec 2023
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Attachment before judgment should guide interim security in arbitration, promoting a harmonized preliminary test to prevent abuse.
The article evaluates whether principles of attachment before judgment under Order 38 Rule 5 CPC should govern applications for securing disputed amounts under the Arbitration and Conciliation Act. It summarizes judicial divergence between courts that apply the twin prerequisites of a strong prima facie case and risk of frustration of relief, and courts that permit broader discretion under arbitration law. The author advises a middle approach: apply Order 38 principles as a preliminary filter to exclude frivolous claims while allowing discretionary departures where special circumstances warrant interim security. (AI Summary)
Author
Date 21 Nov 2023
Shubham Sharma
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Organization
Organization

Chanakya National Law University

Connected
Connected

June 2023