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Post consent of borrowers no strict adherence to procedural requirements under SARFAESI required
Case Law Details
- Case Name
- Canara Bank Vs Karishma Enterprises & Ors. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Canara Bank Vs Karishma Enterprises & Ors. (Delhi High Court)
Delhi High Court held that strict adherence to the procedural requirements under the SARFAESI Act and Rules 8 and 9 of the SARFAESI Rules cannot be insisted, as the sale of the secured asset was undertaken with the unequivocal consent of the borrowers. Accordingly, appeal is allowed.
Facts- The present Petition, filed by the Petitioner, assails the correctness of the order dated 02.03.2016 passed by Debts Recovery Appellate Tribunal. The issue that arises for consideration in the present petition is whether DRAT erred in failin...
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