https://www.taxtmi.com/caselaws?id=356572 Writ jurisdiction was held available despite an alternate remedy under the SARFAESI framework where the challenge raised alleged procedural non-compliance, absence of notice to persons in possession, and natural justice concerns. The Court also found the impugned SARFAESI notice and consequential coercive action unsustainable against flat purchasers claiming to be bona fide purchasers without notice, in light of the alleged delay in mortgage registration, disclosure issues, escrow controversy, and failure to notify occupants before action. The petitions succeeded to the extent of quashing the impugned action, while leaving the secured creditor free to proceed in accordance with law and requiring fresh examination by the Debt Recovery Tribunal. en-us Thu, 01 Feb 2018 00:00:00 +0530 Thu, 08 Mar 2018 07:02:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=356572 Writ jurisdiction was held available despite an alternate remedy under the SARFAESI framework where the challenge raised alleged procedural non-compliance, absence of notice to persons in possession, and natural justice concerns. The Court also found the impugned SARFAESI notice and consequential coercive action unsustainable against flat purchasers claiming to be bona fide purchasers without notice, in light of the alleged delay in mortgage registration, disclosure issues, escrow controversy, and failure to notify occupants before action. The petitions succeeded to the extent of quashing the impugned action, while leaving the secured creditor free to proceed in accordance with law and requiring fresh examination by the Debt Recovery Tribunal. Case-Laws Indian Laws Thu, 01 Feb 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=356572