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    <title>2016 (6) TMI 901 - DELHI HIGH COURT</title>
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    <description>A secured creditor&#039;s auction on an &quot;as is where is&quot; basis was upheld where the sale notice did not misdescribe the property as freehold and the tender terms placed title verification and statutory dues on the bidder. Leasehold title was treated as a mode of title, not an encumbrance requiring separate disclosure under the sale rules, so the non-disclosure objection failed. The sale was also not invalid for lack of prior lessor consent, because a mortgage of leasehold property remains enforceable by sale and any later consent or acquiescence by the lessor is legally effective. No ground was found to interfere with the sale process.</description>
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    <pubDate>Mon, 09 May 2016 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=329192</link>
      <description>A secured creditor&#039;s auction on an &quot;as is where is&quot; basis was upheld where the sale notice did not misdescribe the property as freehold and the tender terms placed title verification and statutory dues on the bidder. Leasehold title was treated as a mode of title, not an encumbrance requiring separate disclosure under the sale rules, so the non-disclosure objection failed. The sale was also not invalid for lack of prior lessor consent, because a mortgage of leasehold property remains enforceable by sale and any later consent or acquiescence by the lessor is legally effective. No ground was found to interfere with the sale process.</description>
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