GOVIND KUMAR SHARMA & ANRversusBANK OF BARODA & ORS
Case No.: SPECIAL LEAVE PETITION (CIVIL) No. 24155/2018
Decision Date: 18-04-2024
Disposal: Disposed off
Neutral Citation: 2024INSC326

VIKRAM NATH*, SATISH CHANDRA SHARMA Issue for Consideration Whether an auction/ sale under the Securit isation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFESI Act) carried out without issuing the mandatory 30-day notice to the borrower under Rules 8(6) and 8 (7) of the Security 2002 is liable to be set aside. If so, can the bona fide purchaser, who was originally the tenant, be forced to hand over the physical possession of the premises in order get the refund. Whether the bona fide purchaser would be entitled to refund of the auction money and interest, and compensation 

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