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    <title>2021 (12) TMI 173 - Supreme Court</title>
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    <description>The High Court held that the Bank failed to comply with Section 13(3A) of the SARFAESI Act, concluding that the Bank violated its mandatory statutory duty. The Borrower&#039;s challenge to actions prior to 2nd July 2018 was not barred by limitation. The High Court upheld the Bank&#039;s discretion in selling the property as a composite unit, rejecting the need for separate valuation of machinery. The Borrower&#039;s argument for a fresh valuation certificate was dismissed. The Borrower was found to have waived entitlement to relief due to conduct, leading to the dismissal of claims. The appeals were allowed, setting aside the High Court&#039;s order.</description>
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    <pubDate>Fri, 03 Dec 2021 00:00:00 +0530</pubDate>
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      <title>2021 (12) TMI 173 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=415407</link>
      <description>The High Court held that the Bank failed to comply with Section 13(3A) of the SARFAESI Act, concluding that the Bank violated its mandatory statutory duty. The Borrower&#039;s challenge to actions prior to 2nd July 2018 was not barred by limitation. The High Court upheld the Bank&#039;s discretion in selling the property as a composite unit, rejecting the need for separate valuation of machinery. The Borrower&#039;s argument for a fresh valuation certificate was dismissed. The Borrower was found to have waived entitlement to relief due to conduct, leading to the dismissal of claims. The appeals were allowed, setting aside the High Court&#039;s order.</description>
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