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    <title>2021 (12) TMI 173 - Supreme Court</title>
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    <description>A borrower cannot sustain a SARFAESI challenge on an alleged failure to respond under Section 13(3A) where its own repeated requests for restructuring and indulgence induced deferment of enforcement and third-party rights later arose; waiver and equitable estoppel were applied against the borrower. The valuation and sale were also upheld because the secured asset was separately identified in the valuation report, no legal requirement existed to auction machinery separately, no prejudice was shown, and the final bid exceeded both the reserve price and assessed value. Interference with the auction was unwarranted on the facts, and the sale was sustained.</description>
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    <pubDate>Fri, 03 Dec 2021 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=415407</link>
      <description>A borrower cannot sustain a SARFAESI challenge on an alleged failure to respond under Section 13(3A) where its own repeated requests for restructuring and indulgence induced deferment of enforcement and third-party rights later arose; waiver and equitable estoppel were applied against the borrower. The valuation and sale were also upheld because the secured asset was separately identified in the valuation report, no legal requirement existed to auction machinery separately, no prejudice was shown, and the final bid exceeded both the reserve price and assessed value. Interference with the auction was unwarranted on the facts, and the sale was sustained.</description>
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      <pubDate>Fri, 03 Dec 2021 00:00:00 +0530</pubDate>
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