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    <title>2022 (8) TMI 594 - Supreme Court</title>
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    <description>Under the SARFAESI Act, 2002, interim interference with an Appellate Tribunal order was unwarranted where the secured creditor had already taken measures under Sections 13(2) and 13(4), the sale had been completed by issuance of a sale certificate, and the borrower&#039;s Section 17 challenge had been dismissed as time-barred. The review had been entertained only because one director died before auction and his legal representatives were not noticed, but the Appellate Tribunal found no error apparent on the face of the record to justify review. In light of the Act&#039;s objective of speedy enforcement of security interests, the High Court was not justified in staying the Appellate Tribunal&#039;s order during pendency of the writ petition.</description>
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      <title>2022 (8) TMI 594 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=426355</link>
      <description>Under the SARFAESI Act, 2002, interim interference with an Appellate Tribunal order was unwarranted where the secured creditor had already taken measures under Sections 13(2) and 13(4), the sale had been completed by issuance of a sale certificate, and the borrower&#039;s Section 17 challenge had been dismissed as time-barred. The review had been entertained only because one director died before auction and his legal representatives were not noticed, but the Appellate Tribunal found no error apparent on the face of the record to justify review. In light of the Act&#039;s objective of speedy enforcement of security interests, the High Court was not justified in staying the Appellate Tribunal&#039;s order during pendency of the writ petition.</description>
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      <pubDate>Thu, 11 Aug 2022 00:00:00 +0530</pubDate>
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