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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)
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)
Date 21 Nov 2023
Shubham Sharma
Organization
Organization

Chanakya National Law University

Connected
Connected

June 2023