Supreme Court · 2018 INSC 253 · Decided 21 March 2018

Rakesh Birani (D) Through LRS. v. Prem Narain Sehgal & ANR.

Court
Supreme Court of India
Citation
2018 INSC 253 · [2018] 3 S.C.R. 750
Case number
CIVIL APPEAL No. 3156/2018
Decided
21 March 2018
Bench
ARUN MISHRA, UDAY UMESH LALIT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
SARFAESI Act

Headnote

Security Interest (Enforcement) Rules, 2002: r.9 - Interpretation of - Period of 15 days for making the deposit of remaining 75% whether would start from the date of communication of confirmation of sale or from the date of auction - Held: r.9(2) makes it clear by the secured creditor the amount has to be deposited - r.9(3) also makes it clear that period of 15 days has to be computed from the date of confirmation - It is only after confirmation is made under rule 9(4) that the amount has to be deposited and on failure to deposit the

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