https://www.taxtmi.com/caselaws?id=288120 A winding up court may refuse leave to a secured creditor to enforce a mortgage decree absolutely, but the discretion is broad and must be exercised with regard to secured creditors' rights, protection of third parties and purchasers, and avoidance of prejudice; absolute refusals are rare and justified only in exceptional cases where the claim is manifestly baseless or would harm the estate. The court cannot in refusing leave itself annul or modify the security or decree; challenges to title or the decree must be pursued in appropriate proceedings. en-us Wed, 30 Jan 1929 00:00:00 +0530 Thu, 21 May 2020 09:46:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288120 A winding up court may refuse leave to a secured creditor to enforce a mortgage decree absolutely, but the discretion is broad and must be exercised with regard to secured creditors' rights, protection of third parties and purchasers, and avoidance of prejudice; absolute refusals are rare and justified only in exceptional cases where the claim is manifestly baseless or would harm the estate. The court cannot in refusing leave itself annul or modify the security or decree; challenges to title or the decree must be pursued in appropriate proceedings. Case-Laws Indian Laws Wed, 30 Jan 1929 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288120