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ARTICLE · 13 NOVEMBER 2025

Madras HC Rules Technical Lapses Cannot Vitiate SARFAESI Auction Sale: A Guide To Rule 9 Validity

The Madras High Court, in M/s Lucky Footwear Components & Ors. v. Indian Bank & Ors reaffirmed the limited scope of judicial interference...

IndiaFinance and Banking

Introduction

The Madras High Court, in M/s Lucky Footwear Components & Ors. v. Indian Bank & Ors1 reaffirmed the limited scope of judicial interference under Article 227 of the Constitution of India in cases arising from the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The Division Bench held that technical irregularities in the auction process cannot vitiate a valid sale unless borrowers demonstrate substantial prejudice, fraud or collusion.

Factual Background

The petitioners, M/s Lucky Footwear Components, represented by its partners had availed financial facilities from Indian Bank. Upon default in repayment, the bank initiated, recovery proceedings under the SARFAESI Act. A notice under Section 13(2) was issued, followed by symbolic possession under Section 13(4). The bank thereafter conducted a public auction on 10 August 2022, where the secured asset was sold, and a sale certificate

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