Foreclosure India Blog

Defaulting borrowers cannot thwart auction process of mortgaged properties by repaying dues any time: The Supreme Court
Posted in News on Sep 23, 2023

A defaulting borrower cannot be allowed to thwart the auction of his mortgaged properties by creditor financial institutions by repaying dues ''any time'', the Supreme Court ruled on Thursday. The top court held that such a borrower cannot seek redemption of his mortgaged property if he fails to repay the dues to financial institutions before publication of auction notice under a law governing recovery of Non-Performing Assets (NPAs). Highlighting the sanctity of the auction process, a bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said, ''It is the duty of the courts to zealously protect the sanctity of any auction conducted. The courts ought to be loath in interfering with auctions, otherwise it would frustrate the very object and purpose behind auctions and deter public confidence and participation in the same.'' It was dealing with a provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Section 13 (8) of the Act provides that a borrower can claim back his mortgaged property from FIs ''at any time before the date of publication of notice for public auction or inviting quotations or tender from public or private treaty for transfer by way of lease, assignment or sale of the secured assets'' on payment of entire dues. Justice Pardiwala, who penned the 111-page verdict said, ''We hold that as per the amended Section 13(8) of the SARFAESI Act, once the borrower fails to tender the entire amount of dues with all cost & charges to the secured creditor before the publication of auction notice, his right of redemption of mortgage shall stand extinguished/waived on the date of publication of the auction notice in the newspaper in accordance with Rule 8 of the Rules of 2002.'' The verdict came on an appeal of Celir LLP challenging a Bombay High Court order. Powered By VDO.AI PlayUnmute Fullscreen The High Court had allowed another firm Bafna Motors (Mumbai) Pvt Ltd to redeem its mortgaged property on payment of dues to the bank. Allowing the appeal, the top court said the auction purchaser was ''left high and dry'' by the respondent borrower firm and others as they were permitted to redeem the mortgage of the secured asset, more particularly after the auction proceedings attained finality. The bench said, ''To read it (section 13(8)) otherwise in a strict manner as to only stipulating a restriction upon the secured creditor and not on the borrower's right of redemption would lead to a very chilling effect, where no auction conducted under the SARFAESI Act would have any form of sanctity, and in such a situation no person would be willing to come forward and participate in any auction due to the fear and apprehension that despite being declared a successful bidder, the borrower could still at any time come and redeem the mortgage and thereby thwart the very auction process.'' Terming such a scenario where a borrower can redeem the mortgage at any time as ''more worrisome'', the bench said, the general public who participate in such auctions are often neither aware nor informed by the secured creditors conducting the auctions that as long as the sale certificate is not issued, they will not have a right in the said asset and that the borrower whose asset is being auctioned could sweep-in and redeem the mortgage any time. ''Thus, it is necessary to interpret the amended Section 13(8) of the SARFAESI Act in such a manner where a legal sanctity is attached to an auction process and a bright line is drawn where a mischievous borrower is told 'no more and no further' and precluded from hastily exercising its right of redemption from nowhere at the very end of the process and thereby set the entire auction process at naught,'' the bench said. The top court set aside the Bombay High Court verdict, saying it was not justified in exercising its writ jurisdiction, particularly when the borrowers had already availed the alternative remedy available to them under the SARFAESI Act. It directed the Union Bank of India to refund Rs 129 crore, the entire amount deposited by the borrowers for redemption of mortgage of the secured asset, at the earliest.

Empowering Lenders: Delhi High Court Upholds SARFAESI Act Rights
Posted in News on Aug 01, 2023

In its ruling, the Delhi High Court sought to strike a balance between the conflicting laws. It clarified that banks can exercise their rights under the SARFAESI Act independently of the SEBI Act. This implies that the enforcement of securities by banks will not be hindered by SEBI's regulatory framework.

Banks write off loans worth Rs 10 lakh crore in last 5 years
Posted in News on Aug 04, 2022

Banks write off loans worth Rs 10 lakh crore in last 5 years

Rs2.02 Lakh Crore Bad Loans Written Off by Scheduled Commercial Banks in FY21: Govt
Posted in News on Apr 07, 2022

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All scheduled commercial banks (SCB) operating in India have cumulatively written off loans of Rs2,02,781 crore in FY21. As expected, public sector banks (PSBs) lead the pack and have written off bad loans worth Rs1,31,894 during FY21, the Rajya Sabha was informed.

In a written reply, Dr Bhagwat Karad, minister of state for finance, says, "As per Reserve Bank of India (RBI) data, an aggregate amount of Rs2,02,781 crore has been written off by SCBs during the financial year 2020-21."

He also reiterates that as per RBI guidelines and policy approved by bank boards, non-performing loans (NPLs),...

FinMin, PSB chiefs to discuss NPAs in review meet ahead of interim budget
Posted in News on Jan 23, 2019

The finance ministry’s review meeting with the chief executives of public sector banks (PSBs), ahead of the Interim Budget 2019-20, will focus on ways to reduce non-performing assets (NPAs) and boost their recovery, especially by auctioning borrowers’ properties.

Financial Services Secretary Rajiv Kumar is set to chair the meeting slated to be held on January 28, instead of January 22 as was planned earlier.

“The meeting will be focussed on NPAs. We will discuss the steps being taken by banks to reduce and recover bad loans,” a senior finance ministry official said, requesting anonymity. “The ...

After BoI, 9 other banks under RBI scanner for ‘corrective action’
Posted in News on Dec 23, 2017

Total gross NPAs in value terms of the entire banking system stood at Rs 8.38 lakh crore as on September 2017, and these ten banks together account for 34% of these total value.

NPA issue: Can IBC help govt, RBI to deal with the problem?
Posted in News on Dec 23, 2017

RBI is also identifying wilful defaulters for IBC resolution under the National Company Law Tribunal (NCLT). So far, it has identified 40 wilful defaulters of banks in two lists.

Dhir & Dhir acts on first management take-over under SARFAESI
Posted in News on Nov 18, 2017

Amid all the hype and popularity of taking over the management of the affairs of the Corporate Debtor under the Insolvency And Bankruptcy Code, 2016 (IBC), a NAVRATNA enterprise has become the first company in India to take over management of a debtor under provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).

PSU banks wrote off Rs2.49 trillion of loans in 5 years: Finance ministry
Posted in News on Nov 18, 2017

As many as 27 public sector banks, including SBI and its five associates, in 2016-17 have written off Rs81,683 crore, 41% higher than the previous fiscal

SC upholds changes in Sarfaesi Act; banks free to decide NPAs
Posted in News on Oct 28, 2017

Dismissing appeals filed by around 60 companies, the Supreme Court on Wednesday upheld the amendment to the Securitisation Act that gave power to every financial institution to decide a period after which a bad loan can be declared as a non-performing asset (NPA). Before the 2004 amendment to the Securitisation Act and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (Sarfaesi Act), RBI was the regulator for the banking, non-banking and securitisation institutions for deciding the period after which loans could be treated as NPA. Till 2004, RBI had set the NPA period for banks at 90 days and at 180 days for NBFCs.