Monday, September 22, 2025

Real Estate and Sale of Borrowers' Properties by Banks and Legal Issues under SARFAESI Act, 2002

Real Estate and Sale of Borrowers' Properties by Banks and Legal Issues under SARFAESI Act, 2002

In case of Deepa Talukdar v. State of Assam  [2019] GCtR 4845 (Gauhati), the action of sale of borrower's property by bank under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was challenged. In that case, the borrower did not paid the loan amount to bank and another person B paid it and sale certificate was issued by bank to B. The writ petition filed before HC by the borrower was dismissed explaining the effect of SARFAESI Act, 2002.

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