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    <title>2018 (11) TMI 498 - Supreme Court</title>
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    <description>A possession notice under rule 8(1) and publication under rule 8(2) constitute a measure under section 13(4) of the SARFAESI Act, so a borrower may invoke section 17 at that stage without waiting for actual physical dispossession. The Court held that possession in section 13(4)(a) includes symbolic possession recognised by the Rules, and that the statutory remedy is not postponed until physical takeover. It also treated the sale and enforcement machinery as operating once possession notice is issued and published. The contrary Full Bench view was set aside and the matter was remitted for decision in accordance with the law declared.</description>
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    <pubDate>Thu, 01 Nov 2018 00:00:00 +0530</pubDate>
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      <title>2018 (11) TMI 498 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=370155</link>
      <description>A possession notice under rule 8(1) and publication under rule 8(2) constitute a measure under section 13(4) of the SARFAESI Act, so a borrower may invoke section 17 at that stage without waiting for actual physical dispossession. The Court held that possession in section 13(4)(a) includes symbolic possession recognised by the Rules, and that the statutory remedy is not postponed until physical takeover. It also treated the sale and enforcement machinery as operating once possession notice is issued and published. The contrary Full Bench view was set aside and the matter was remitted for decision in accordance with the law declared.</description>
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      <pubDate>Thu, 01 Nov 2018 00:00:00 +0530</pubDate>
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