miscellaneous-banking-matters-faq

Frequently Asked Questions (FAQ) and important Provisions of Law about Sale of Assets

SALES UNDER SARFAESI ACT

The law and Case Laws regarding sales under Sarfaesi Act have been discussed under the folder — Frequently Asked Questions about Sarfaesi Act and Rules and under the folders — Important Provisions of Sarfaesi Act and Sarfaesi Rules.

SALES UNDER RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 

The law and Case Laws regarding sales under RDB Act have been discussed under the folder — Frequently Asked Questions about RDB Act and Rules and under the folders — Important Provisions of RDB Act and RDB Rules.

SALES UNDER CODE OF CIVIL PROCEDURE AND OTHER LAWS 

We are discussing hereunder law and case laws regarding sales under CPC and other laws. These may be relevant while interpreting the provisions about sales, as contained in Sarfaesi Act and Rules and RDB Act and Rules.

Answer: Reserve Price is the price with which the public auction starts and the auction bidders are not permitted to give bids below the said price, that is, the minimum bid at auction. State of Uttar Pradesh –Versus- Shiv Charan Sharma AIR 1981 Supreme Court 1722.

Answer: Reserve Price is not synonymous with valuation of the property. Fixation of the Reserve Price does not preclude the claimant from adducing proof that the land had been sold for a low price. Anil Kumar Srivastava –Versus- State of Uttar Pradesh. AIR 2004 Supreme Court 4299.

Answer: It was held by the Supreme Court of India in the case of Valji Khimji –Versus- Official Liquidator of Hindusthan Nitro Projects reported in (2008)145 Company Cases Page 36 that entertaining objection after the sale is confirmed should not be allowed except on very limited grounds like fraud, otherwise no auction sale will ever be complete.

Answer: If a sale is challenged on the ground of irregularity, substantial injury must be proved. SBI –Versus- DRAT (2010)3 Banking Cases Page 38 Delhi High Court, Division Bench. However, Orissa High Court has held that it is not necessary to prove substantial injury. Swastik Agency –Versus- SBI. AIR 2009 Orissa 147.

Answer: Bonfide sale cannot be set aside on the ground of equity. Sadashiv Prasad Singh –Versus- Harendra Singh (2014)1 Bankman 15.

Answer: If the Bank’s claim can be realized by sale of part of the property, the entire property cannot be sold. 

  • S. Nariyappa –Versus- Sidappa (2005)10 Supreme Court Cases Page 235
  • Ram Krishun –Versus- Sate of Uttar Pradesh (2012)11 Supreme Court Cases Page 511

Answer: It is the duty of the Court to see that the price fetched at an auction sale is adequate price even though, there is no suggestion of irregularity and fraud. --- Divya manufacturing Co. (P) Ltd. -Versus – Union of India. AIR 2000 Supreme Court 2346. 

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