Photo of Viraj Gami

Senior associate in the General Corporate Practice at the Ahmedabad office of Cyril Amarchand Mangaldas. Viraj specializes in mergers & acquisitions and insolvency and bankruptcy sector. She can be reached at viraj.gami@cyrilshroff.com.

Introduction:

A division bench of the Hon’ble Supreme Court, comprising Hon’ble Chief Justice D.Y. Chandrachud and Justice J. B. Pardiwala in Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd. and Ors[1] on September 21, 2023, held that a borrower only has right of mortgage redemption till the publication of auction notice under Section 13(8) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (“SARFAESI Act”). The Hon’ble Supreme Court analysed orders passed by various Hon’ble High Courts in interpreting the provisions of Section 13(8) of the SARFEASI Act, post the amendment in 2016 (“Amendment”) and the intent of the Amendment.Continue Reading Section 13(8) of SARFAESI Act: SC settles conundrum on right of redemption of borrower