Defaulting borrowers cannot thwart the auction process: SC

25 Sep 2023 CW Team

In a recent ruling, the Supreme Court has asserted that a borrower in default cannot impede the auction of their mortgaged properties by financial institutions seeking repayment, regardless of when they attempt to settle their outstanding dues. The apex court has clarified that such a borrower cannot redeem their mortgaged property if they fail to clear their debts with financial institutions before the publication of an auction notice. This legal provision is governed by the law overseeing the recovery of Non-Performing Assets (NPAs).

Emphasizing the importance of preserving the integrity of the auction process, a bench consisting of Chief Justice DY Chandrachud and Justice JB Pardiwala stated, "It is the duty of the courts to vigorously protect the sanctity of any auction conducted. The courts should be reluctant to interfere with auctions; otherwise, it would undermine the very purpose and objective of auctions and discourage public trust and participation in the process."

In summary, the Supreme Court's ruling underscores the significance of adhering to established auction procedures and prevents defaulting borrowers from obstructing the auction of their mortgaged properties after the issuance of auction notices by financial institutions.

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