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    <title>2011 (6) TMI 974 - MADRAS HIGH COURT</title>
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    <description>Writ jurisdiction under Article 226 was held maintainable despite the SARFAESI remedy because the challenge concerned alleged non-compliance with statutory sale procedure and natural justice, and the jurisdiction objection had not been effectively raised earlier. A private treaty sale of secured assets was invalid where no written terms or valid written consent/authorisation was established, and the sale certificate issued on that basis also failed. As the sale could not be sustained, restitutionary relief was granted by directing refund of the purchase amount with interest and return of possession to the bank upon refund, while substantially upholding the single judge&#039;s view on invalidity.</description>
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    <pubDate>Tue, 14 Jun 2011 00:00:00 +0530</pubDate>
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      <title>2011 (6) TMI 974 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=279369</link>
      <description>Writ jurisdiction under Article 226 was held maintainable despite the SARFAESI remedy because the challenge concerned alleged non-compliance with statutory sale procedure and natural justice, and the jurisdiction objection had not been effectively raised earlier. A private treaty sale of secured assets was invalid where no written terms or valid written consent/authorisation was established, and the sale certificate issued on that basis also failed. As the sale could not be sustained, restitutionary relief was granted by directing refund of the purchase amount with interest and return of possession to the bank upon refund, while substantially upholding the single judge&#039;s view on invalidity.</description>
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