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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STK Legal Recruitment 2025 – Fresh Law Graduates & Associates Jobs in Dwarka, New Delhi

STK Legal, a dynamic and growing law firm based in Dwarka, New Delhi, is inviting applications for the position of Fresh Law Graduates / Associates. If you are a motivated legal professional looking to kickstart or advance your career in a firm that values integrity, diligence, and excellence, this is the opportunity for you.

About STK Legal – “Your Legal Partner”

STK Legal is committed to providing high-quality legal services across a wide spectrum of practice areas, including civil litigation, criminal defense, and corporate advisory. The firm is known for its client-centric approach, thorough legal research, and strong courtroom representation.

As a growing law firm, STK Legal places emphasis on professional development, mentorship, and exposure to diverse legal matters. Joining STK Legal means working alongside experienced advocates and gaining hands-on experience in real legal proceedings.

Position Details

  • Position: Fresh Law Graduates / Associates
  • Location: Dwarka, New Delhi
  • Job Type: Full-time
  • Mode of Work: On-site
  • Practice Areas: Civil, Criminal, and Corporate Law
  • Duration: Permanent (subject to performance)

This role offers a unique opportunity to work directly on live cases, interact with clients, and appear before courts and tribunals in Delhi-NCR.

Eligibility Criteria

To be considered for STK Legal Recruitment 2025, candidates must meet the following requirements:

  • Educational Qualification:
    • Recent law graduates (LL.B.) or candidates with relevant legal experience.
  • Skills Required:
    • Strong legal research and drafting skills.
    • Good verbal and written communication abilities.
    • Coordination and organizational skills to manage case files.
  • Other Requirements:
    • Passion for litigation and legal practice.
    • Interest in working in civil, criminal, and corporate law.
    • Professional work ethic and punctuality.

Key Responsibilities

As an Associate at STK Legal, your responsibilities will include:

  1. Legal Drafting:
    • Prepare petitions, complaints, contracts, and other legal documents.
  2. Research Work:
    • Conduct thorough legal research to support ongoing cases and advisory work.
  3. Court Appearances:
    • Represent the firm in various courts and tribunals in Delhi and nearby areas.
  4. Case Management:
    • Maintain proper client communication, case documentation, and file organization.
  5. Team Coordination:
    • Work closely with senior advocates on case strategies and arguments.

Why Join STK Legal?

  • Professional Growth: Exposure to multiple areas of law from the very beginning of your career.
  • Mentorship: Guidance from experienced advocates to strengthen your legal skills.
  • Courtroom Experience: Opportunities to appear in court and interact with judges and opposing counsel.
  • Variety of Work: Involvement in both litigation and advisory assignments.

Ideal Candidate Profile

The ideal candidate for this role will be:

  • A fresh law graduate eager to learn and grow.
  • Someone who enjoys both research work and court appearances.
  • A proactive team player with good problem-solving skills.
  • Passionate about building a long-term legal career in litigation and corporate law.

Application Process – How to Apply

If you meet the eligibility criteria and are ready to take the next step in your legal career, here’s how you can apply:

  • Email: Send your updated resume to info@stklegal.in with the subject line – Application for Associate Position – STK Legal.
  • Direct Message: You can also connect and send your application via direct message to the firm’s official social media channels.

Selection Process

  1. Initial Screening: Review of resumes to shortlist candidates.
  2. Interview Round: An in-person or virtual interview to assess legal knowledge and communication skills.
  3. Final Selection: Offer extended to selected candidates based on performance in the interview.

Key Dates

  • Applications Open: August 2025
  • Application Deadline: Open until the position is filled (apply early for priority consideration).

Contact Details

STK Legal – Your Legal Partner
Location: Dwarka, New Delhi
Email: info@stklegal.in

Conclusion

If you are a fresh law graduate or an aspiring associate looking for a solid foundation in the legal profession, STK Legal Recruitment 2025 offers you the perfect platform to learn, practice, and excel. This is your chance to join a respected law firm in Dwarka, New Delhi, and work on diverse legal matters under the mentorship of skilled advocates.

Apply today and take the first step towards a rewarding legal career.


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