https://www.taxtmi.com/caselaws?id=295358 Rule 8(7)(a) requires disclosure of encumbrances known to the secured creditor, but a later attachment before judgment does not, by itself, displace a prior mortgagee's rights in SARFAESI enforcement. Section 64 of the Code of Civil Procedure, 1908 and Order 38 Rule 10 preserve rights existing before attachment, so a pre-existing secured interest is not overridden by a subsequent attachment in a suit to which the creditor is not bound. On that footing, such an attachment is not an encumbrance that must be stated in the sale notice, and a challenge based only on non-disclosure of that attachment raises a locus standi issue. en-us Mon, 23 Mar 2020 00:00:00 +0530 Mon, 31 May 2021 08:34:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295358 Rule 8(7)(a) requires disclosure of encumbrances known to the secured creditor, but a later attachment before judgment does not, by itself, displace a prior mortgagee's rights in SARFAESI enforcement. Section 64 of the Code of Civil Procedure, 1908 and Order 38 Rule 10 preserve rights existing before attachment, so a pre-existing secured interest is not overridden by a subsequent attachment in a suit to which the creditor is not bound. On that footing, such an attachment is not an encumbrance that must be stated in the sale notice, and a challenge based only on non-disclosure of that attachment raises a locus standi issue. Case-Laws Indian Laws Mon, 23 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295358