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    <title>2017 (2) TMI 702 - KERALA HIGH COURT</title>
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    <description>Where a secured creditor receives a borrower&#039;s objections to a Section 13(2) notice before deciding to proceed under Section 13(4) of the SARFAESI Act, those objections must be considered before coercive measures are initiated. The borrower&#039;s default was admitted, but the bank could not ignore objections already in its possession merely because they were filed after the prescribed period. On the facts, proceeding to sale without addressing the objections was not justified, and the sale proceedings were set aside. The creditor was left free to recommence action under the SARFAESI Act in accordance with law after considering the objections.</description>
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    <pubDate>Fri, 20 Jan 2017 00:00:00 +0530</pubDate>
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      <title>2017 (2) TMI 702 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=339002</link>
      <description>Where a secured creditor receives a borrower&#039;s objections to a Section 13(2) notice before deciding to proceed under Section 13(4) of the SARFAESI Act, those objections must be considered before coercive measures are initiated. The borrower&#039;s default was admitted, but the bank could not ignore objections already in its possession merely because they were filed after the prescribed period. On the facts, proceeding to sale without addressing the objections was not justified, and the sale proceedings were set aside. The creditor was left free to recommence action under the SARFAESI Act in accordance with law after considering the objections.</description>
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      <pubDate>Fri, 20 Jan 2017 00:00:00 +0530</pubDate>
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