Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Sale notice ends redemption u/s 13(8) SARFAESI, but Section 96 IBC moratorium blocks completion u/r 9(6)

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HC held that post-2016 amendment to Section 13(8) SARFAESI, only the borrower's right of redemption is extinguished upon publication of the sale notice; ownership in the secured asset transfers only upon issuance of a sale certificate under Rule 9(6). Relying on Indian Overseas Bank and Delhi HC precedent, the Court held that once an interim moratorium under Section 96 IBC commences, the secured creditor cannot accept balance consideration or complete the statutory sale. As substantial payments and receipt thereof occurred after the interim moratorium, no sale certificate could lawfully issue and no ownership passed to the auction purchaser. The petitioner, therefore, had no right to possession. Writ petition dismissed.....