https://www.taxtmi.com/caselaws?id=237508 Before possession of an immovable secured asset is taken under the SARFAESI enforcement scheme, the secured creditor must issue and publish a possession notice under rule 8 stating the date of proposed possession. The text explains that this notice gives the borrower fair intimation after section 13(2) objections and before measures under section 13(4), allowing discharge of liability before possession is attempted. Direct recourse to the magistrate-assisted possession mechanism without such prior notice does not dispense with rule 8 compliance. Because taking possession without notice has civil consequences and breaches natural justice, non-compliance invalidates the action. en-us Tue, 27 Mar 2012 00:00:00 +0530 Mon, 30 Sep 2013 06:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=237508 Before possession of an immovable secured asset is taken under the SARFAESI enforcement scheme, the secured creditor must issue and publish a possession notice under rule 8 stating the date of proposed possession. The text explains that this notice gives the borrower fair intimation after section 13(2) objections and before measures under section 13(4), allowing discharge of liability before possession is attempted. Direct recourse to the magistrate-assisted possession mechanism without such prior notice does not dispense with rule 8 compliance. Because taking possession without notice has civil consequences and breaches natural justice, non-compliance invalidates the action. Case-Laws Companies Law Tue, 27 Mar 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=237508