Borrower’s Right Of Redemption Under SARFAESI Act Prevails Over Unconfirmed Auction: Calcutta HC

The Calcutta High Court held that a borrower’s statutory right of redemption under Section 13(8) of the SARFAESI Act prevails over an unconfirmed auction sale. The Court ruled that until the sale is confirmed, the borrower retains the right to redeem the secured asset by clearing dues. Setting aside the auction purchaser’s revision petition, the Bench reaffirmed the protective intent of the SARFAESI framework, which balances creditor recovery with borrower safeguards. The decision clarifies the legal position on auction finality and strengthens borrower rights in enforcement proceedings.