Topic

auction notice

3 articlesLatest April 2026
SARFAESI Rule 8(7) | Bank’s Failure to Disclose Khasra Numbers or Non-Mortgaged Assets Invalidates Auction & Mandates Earnest Money Refund with 9% Interest : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

SARFAESI Rule 8(7) | Bank’s Failure to Disclose Khasra Numbers or Non-Mortgaged Assets Invalidates Auction & Mandates Earnest Money Refund with 9% Interest : Punjab & Haryana HC

The Punjab & Haryana High Court has ruled that banks must precisely disclose all property details in SARFAESI auction notices, including Khasra numbers and the exact scope of mortgaged assets. Misrepresentation or omission - such as including non-mortgaged machinery - renders the auction void and obligates the bank to refund earnest money with 9% interest, reinforcing transparency as a non-negotiable condition of secured creditor action under the Act.

Section 13(8) SARFAESI Act | Right of Redemption Extinguishes Upon Auction Notice Publication : J&K HC
Case Law Analysis
|Jammu & Kashmir and Ladakh High Court

Section 13(8) SARFAESI Act | Right of Redemption Extinguishes Upon Auction Notice Publication : J&K HC

J&K High Court rules that a borrower’s right to redeem secured assets under Section 13(8) of the SARFAESI Act is extinguished once the auction notice is published, even if the sale is yet to be completed. The ruling upholds the finality of the auction process and protects bona fide purchasers who have paid in full and taken possession.