The right of redemption under Section 13(8) of SARFAESI is always available till the date of sale – S.Kasthuri Vs. The Authorised Officer, Canara Bank – Madras High Court

Hon’ble High Court observed that there is no justification or reason on the part of the writ petitioner for the prolonged delay in taking necessary steps to redeem her house property. That apart, the writ petitioner failed to comply with the provisions of Section 13 (8) of the SARFAESI Act, 2002. The right of redemption was always available to the writ petitioner till the date of sale. Having slept over, her right of redemption for more than 12 years, that is, from 29.05.2009 the date of symbolic possession notice under Section 13 (4) of the SARFAESI Act, 2002, now the petitioner has knocked the doors of this Court after her right stand extinguished by the execution of the sale deed in favour of the third respondent on 09.01.2020. In view of the aforesaid decisions and for the reasons mentioned supra, we are not inclined to entertain this writ petition. Therefore, this writ petition stands dismissed.

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