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    <title>2014 (4) TMI 943 - Supreme Court</title>
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    <description>Mandatory SARFAESI sale safeguards must be strictly followed before sale of a secured immovable asset, and waiver is established only by clear, informed and intentional conduct. Mere delay, prior litigation, or unsuccessful earlier challenges does not by itself amount to waiver of the right to object to a defective auction notice. As no conscious relinquishment of the procedural protections was shown, and the sale notice failed to comply with the prescribed notice period and sale procedure, the auction sale could not be sustained and was treated as null and void.</description>
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    <pubDate>Tue, 22 Apr 2014 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=246974</link>
      <description>Mandatory SARFAESI sale safeguards must be strictly followed before sale of a secured immovable asset, and waiver is established only by clear, informed and intentional conduct. Mere delay, prior litigation, or unsuccessful earlier challenges does not by itself amount to waiver of the right to object to a defective auction notice. As no conscious relinquishment of the procedural protections was shown, and the sale notice failed to comply with the prescribed notice period and sale procedure, the auction sale could not be sustained and was treated as null and void.</description>
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      <pubDate>Tue, 22 Apr 2014 00:00:00 +0530</pubDate>
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