Supreme Court · 2024 INSC 326 · Decided 18 April 2024
Govind Kumar Sharma & Anr v. Bank of Baroda & Ors
- Court
- Supreme Court of India
- Citation
- 2024 INSC 326 · [2024] 4 S.C.R. 633
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 24155/2018
- Decided
- 18 April 2024
- Bench
- VIKRAM NATH, SATISH CHANDRA SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- SARFAESI Act Section 17
Headnote
Whether an auction/ sale under the Securit isation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFESI Act) carried out without issuing the mandatory 30-day notice to the borrower under Rules 8(6) and 8 (7) of the Security 2002 is liable to be set aside. If so, can the bona fide purchaser, who was originally the tenant, be forced to hand over the physical possession of the premises in order get the refund. Whether the bona fide purchaser would be entitled to refund of the auction money and interest, and compensation
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