ValkyaEditorial

Tagged “rule-9-waiver”

1 article on rule-9-waiver.

Landmark JudgmentSupreme Court of India

Siddeshwara Cooperative Bank v. Ikbal: Rule 9(1) is mandatory but waivable by the borrower, and the writ shortcut is foreclosed

A 2-judge bench of the Supreme Court reversed a Karnataka High Court order that had set aside a SARFAESI auction sale and upheld the sale in favour of the bank. Rule 9(1) of the Security Interest (Enforcement) Rules 2002 — the 30-day publication-to-sale window — is mandatory but, being 'definitely for the benefit of the borrower', is waivable by the borrower's conduct or written consent. A borrower's letter consenting to extension of time is a valid waiver. The decision separately reinforces United Bank of India v. Satyawati Tondon (2010) on writ self-restraint: where Section 17 SARFAESI supplies an efficacious DRT remedy, the High Court ought not to entertain an Article 226 writ.

Valkya Editorial··13 min