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    <title>2016 (11) TMI 1315 - HIGH COURT OF GUJARAT</title>
    <link>https://www.taxtmi.com/caselaws?id=335297</link>
    <description>The Court held that the sale deed executed after the initiation of proceedings under the SARFAESI Act was void as it lacked the Bank&#039;s consent, rendering it incapable of conferring any rights to the respondent. The Debts Recovery Tribunal erred in entertaining the securitization application based on the void sale deed, and the District Magistrate&#039;s order authorizing possession was deemed lawful. The Bank was allowed to proceed with the e-auction of the mortgaged property, as the alternative remedy through the Debts Recovery Appellate Tribunal was unavailable. The petition was allowed, quashing the DRT&#039;s order and permitting the e-auction to proceed.</description>
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    <pubDate>Thu, 01 Sep 2016 00:00:00 +0530</pubDate>
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      <title>2016 (11) TMI 1315 - HIGH COURT OF GUJARAT</title>
      <link>https://www.taxtmi.com/caselaws?id=335297</link>
      <description>The Court held that the sale deed executed after the initiation of proceedings under the SARFAESI Act was void as it lacked the Bank&#039;s consent, rendering it incapable of conferring any rights to the respondent. The Debts Recovery Tribunal erred in entertaining the securitization application based on the void sale deed, and the District Magistrate&#039;s order authorizing possession was deemed lawful. The Bank was allowed to proceed with the e-auction of the mortgaged property, as the alternative remedy through the Debts Recovery Appellate Tribunal was unavailable. The petition was allowed, quashing the DRT&#039;s order and permitting the e-auction to proceed.</description>
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      <pubDate>Thu, 01 Sep 2016 00:00:00 +0530</pubDate>
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