Case Law Analysis
|Himachal Pradesh High Court
SARFAESI Act | Bank Recovery Auction Stayed for Disabled Borrower; Procedural Fairness Under Article 14 & 21 Mandates Reasonable Repayment Opportunity : HP HC
The Himachal Pradesh High Court stayed a bank's auction of a disabled borrower's land, ruling that rigid contractual enforcement cannot override constitutional guarantees of procedural fairness and dignity. The court directed the bank to consider the borrower's repayment proposal, reinforcing that disability and financial incapacity must be factored into recovery proceedings under the SARFAESI Act.