VidhiSangh

Supreme Court of India · 06/03/2018

DWARIKA PRASAD versus STATE OF UTTAR PRADESH AND ORS.

[2018] 3 S.C.R. 29 · 2018 INSC 210

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Applying the version of section 13(8) governing the 2016 sale, the Supreme Court rejected a guarantor’s attempt to redeem mortgaged property after a registered sale deed had been executed. He had paid Rs.7 lakh but did not tender the full secured debt with costs, charges and expenses, despite opportunities during DRT and writ proceedings. Mere willingness and partial payment did not meet the statutory condition. The bank was, however, directed to refund his Rs.7 lakh with 9% annual interest within eight weeks.

Issues

  1. Whether partial payment and stated willingness to clear the loan preserved redemption after completion of the sale.
  2. Whether the guarantor was entitled to return of his deposit with interest.

Provisions considered

Held

Result

Appeal disposed of without costs. Challenge to the completed sale rejected, subject to refund of Rs.7 lakh with 9% annual interest from deposit until payment within eight weeks.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 29.