Borrower’s Right of Redemption Ends with Publication of Auction Notice

On September 23, 2025, the Supreme Court upheld the rights of the auction purchasers under the SARFAESI Act, holding that the borrowers’s right of redemption ends with publication of auction notice. This decision overturned the Madras High Court’s ruling quashing the auction sale certificate in the case of M. Rajendran vs M/S Kpk Oils And Proteins India Pvt. Ltd.

A Bench of Justices J.B. Pardiwala and R. Mahadevan dealt with the issue of borrowers’ right of redemption under Section 13(8) of the SARFAESI Act, 2002, in light of the 2016 amendment. The Court clarified that the borrower’s right to redeem the secured asset is extinguished upon the publication of the auction notice, and any payments made thereafter cannot revive this right.

First, the Court had to decide whether the notices issued under SARFAESI Rules 8(6), 8(7), and 9(1) were part of a single composite “notice of sale” or separate notices. Second, the question of whether Section 13(8)’s phrase “before the date of publication” refer to the composite notice of sale, in which case the borrower’s right of redemption would be terminated once the notice is duly published also lies before the Court. Third, if the revised Section 13(8), which went into effect on September 1, 2016, applied retroactively to loans taken out before then but for which enforcement action was later commenced.

The Court determined that the 30-day timeframe under Rule 9(1) is calculated from the date of such publication and that all notifications issued under the SARFAESI Rules constitute a single composite “notice of sale.” It decided that the revised Section 13(8), which is procedural and remedial in nature, applies retroactively to claims that already exist. This means that when the auction notice was published on January 22, 2021, the borrower’s right of redemption was terminated.

The Supreme Court observed that attempts by borrowers to create third-party rights over the secured property after auction would be void. While allowing the appeals, the Court urged the Ministry of Finance to revisit Section 13(8) and related Rules to resolve ambiguities that continue to generate avoidable litigation.

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Litigation Law Internship at Conquest Legal Partners – Apply Now!

Litigation Law Internship opportunities provide real-world exposure for law students looking to strengthen their practical knowledge. Conquest Legal Partners (CLP), a reputed Consulting and Risk Management firm, is inviting applications for its law internship program in the Litigation Department. Based in New Delhi, this opportunity is ideal for law students seeking to work closely with experienced legal professionals and gain hands-on experience in the field of litigation.

About Conquest Legal Partners

Conquest Legal Partners (CLP) is a multidisciplinary consulting firm operating with a strong presence in Delhi, Mumbai, and Jaipur. The team is composed of seasoned professionals, including company secretaries, chartered accountants, and lawyers, offering a wide array of consulting and legal services across India. Their areas of specialization include risk management, corporate law, regulatory compliance, and litigation support.

CLP’s dynamic environment fosters learning, strategic thinking, and client-focused service, making it a valuable place for budding legal professionals to understand the inner workings of legal practice.

About the Internship

The Litigation Law Internship at Conquest Legal Partners is an excellent opportunity for students to get direct exposure to real cases, court procedures, legal drafting, and research. Interns will be working with a highly professional litigation team that handles a range of cases across multiple legal forums. This internship is designed to provide students with a foundational understanding of litigation strategy, client interaction, and the daily functioning of a law office.

This program is especially beneficial for those who are keen to pursue litigation as a career and want to develop the skills required to excel in this demanding field.

Location of Internship

Interns are required to work on-site at the firm’s office located at:

E Block, Lajpat Nagar 1, New Delhi – 110024

Being physically present in a professional office environment will give interns the unique chance to experience real-time legal discussions, attend client meetings, and possibly observe court proceedings, depending on the nature of assignments and permissions.

Key Responsibilities

Selected interns will have the opportunity to:

  • Assist in legal research for ongoing litigation matters
  • Draft legal documents, including petitions, applications, notices, and replies
  • Organize case files and prepare hearing briefs
  • Coordinate with clients and collect relevant case information
  • Attend client meetings and court sessions (when possible)
  • Work closely with litigation associates and gain mentorship from senior advocates

This internship provides not just observation but active involvement, which helps bridge the gap between theoretical study and legal practice.

Who Should Apply?

This Litigation Law Internship is suitable for law students who:

  • Are currently enrolled in a 3-year or 5-year LL.B. program
  • Have a keen interest in litigation, dispute resolution, and procedural law
  • Possess strong research and legal drafting skills
  • Have good verbal and written communication abilities
  • Are disciplined, punctual, and eager to learn in a fast-paced legal environment

Whether you’re in your 2nd year or final year of law school, this internship can enhance your understanding of how legal procedures work in real-time and what it takes to be a successful litigator.

Internship Duration & Timings

The specific duration of the internship will be communicated by the firm based on availability and requirements. Generally, internships last between 4 to 8 weeks. Interns will be expected to report to the office during standard working hours, Monday through Saturday.

Note: Since this is an in-office internship, students must ensure they can commit to the location and schedule without conflict with their academic responsibilities.

How to Apply?

Interested candidates are invited to submit their CV to the following email address:

advshubh@conquestlegalpartners.com

Subject Line: Application for Litigation Law Internship – [Your Name]

It’s recommended to include a short cover note in the body of the email mentioning:

  • Your current year of study and institution
  • Your interest in litigation
  • Your preferred dates of internship

Timely applications are advised, as slots are limited and selection is done on a rolling basis.

Final Thoughts

A Litigation Law Internship at Conquest Legal Partners offers unmatched exposure to the world of courtrooms, client handling, and legal problem-solving. If you’re serious about building a career in litigation, this opportunity will sharpen your skills, boost your confidence, and provide meaningful professional growth.

Apply now and begin your litigation journey with one of the most active and diverse legal teams in Delhi!


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