VidhiSangh

Supreme Court of India · 05/01/2023

SIDHA NEELKANTH PAPER INDUSTRIES PVT. LTD. & ANR versus PRUDENT ARC LTD. & OTHERS

[2023] 1 S.C.R. 553 · 2023 INSC 14

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Summary

Borrowers challenged both SARFAESI enforcement measures and the auction sale of their secured assets. In their appeals to the DRAT, they argued that the sale proceeds paid by the auction purchasers should count towards the 50% pre-deposit required under the second proviso to Section 18. The Madhya Pradesh High Court accepted this. The Delhi High Court gave credit for the sale proceeds and also excluded interest. The Supreme Court held that the proviso requires the borrower himself to deposit 50% of the debt due. Under Section 2(g) of the RDB Act, that debt includes interest as claimed in the Section 13(2) notice. Following Eskays Construction, a borrower who challenges the auction sale cannot take credit for its proceeds, and may do so only if he unequivocally accepts the sale.

Issues

  1. Whether, in computing the 50% pre-deposit under the second proviso to Section 18 of the SARFAESI Act, the amount realised from an auction sale of the secured assets can be adjusted where the borrower also challenges that sale.
  2. Whether the 'debt due' for the pre-deposit includes interest.

Provisions considered

Held

Result

Civil Appeal Nos. 8970, 8972, 8973 and 8974 of 2022 by the assignee and auction purchasers allowed and the borrower's Civil Appeal No. 8969 of 2022 dismissed; the judgments of the Delhi High Court dated 22.12.2020 and the Madhya Pradesh High Court (Indore Bench) dated 12.04.2022 set aside to that extent, the borrower being required to deposit 50% of the debt claimed with interest; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 553.