M Rajendran & Ors vs Ms KPK Oils and Proteins India Pvt Ltd & Ors 2025 INSC 1137
1. Name and Citation of the Judgment
M. Rajendran & Ors. vs. M/s KPK Oils and Proteins India Pvt. Ltd. & Ors.
Civil Appeal Nos. 12174-12175 of 2025 (Arising out of SLP (C) Nos. 11068 of 2023 and 14696 of 2023)
Supreme Court of India
Decided on: September 22, 2025
Coram: Justice J.B. Pardiwala and Justice R. Mahadevan
Citation: 2025 INSC 1137
2. Relevant Laws and Sections
This judgment primarily interprets and deals with the following statutory framework:
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act):
Section 13(8): The core provision under dispute, dealing with the borrower's right of redemption.
Section 35: The overriding clause, stating that the SARFAESI Act prevails over any inconsistent laws.
Section 37: Clarifies that the SARFAESI Act is in addition to, and not in derogation of, other laws.The Security Interest (Enforcement) Rules, 2002 (SARFAESI Rules):
Rule 8: Pertains to the sale of immovable secured assets, including the modes of sale and the requirement of a notice.
Rule 9: Deals with the time of sale, confirmation, and issuance of the sale certificate.The Transfer of Property Act, 1882:
Section 60: Provides the general la
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