Case Law Analysis
|Allahabad High Court
SARFAESI Act | Farmer Entitled to Installment Repayment Over Land Auction Under Proportionality Principle : Allahabad HC
The Allahabad High Court has ruled that agricultural loan recovery cannot proceed through forced land auction when the borrower is a small farmer willing to repay in installments, affirming that livelihood protection overrides rigid asset recovery. This sets a critical precedent for banks and recovery officers to apply proportionality and humane discretion under SARFAESI proceedings, especially when the debtor’s primary asset is their means of subsistence.