Under the SARFAESI Act, once a secured creditor follows the process and takes physical possession of a secured asset with the help of the District Magistrate, the expectation is that the enforcement process has reached a meaningful stage. In reality, that is not always the case. There are instances where, even after possession is taken […]
I. Introduction The concept of equity of redemption lies at the heart of mortgage law. It represents the borrower’s right to reclaim mortgaged property upon repayment of dues before the mortgage is finally foreclosed. While SARFAESI enables secured creditors to enforce security interests without court intervention, this right of redemption operates as a substantive check […]