https://www.taxtmi.com/caselaws?id=312301 An auction purchaser's writ petition was held maintainable where the grievance was the secured creditor's failure to deliver possession after accepting full auction consideration, because Section 17 of the SARFAESI Act was directed at measures under Section 13(4) and the alternative remedy was ineffective on the facts. The High Court held that an "as is where is" sale did not dilute the statutory duty under the Enforcement Rules to disclose material particulars and known impediments, or to deliver possession free from known encumbrances. As the purchaser had paid the bid amount in time but possession was not handed over within a reasonable period, refund of the sale consideration with interest and costs was granted. en-us Thu, 20 Dec 2018 00:00:00 +0530 Sat, 10 Feb 2024 16:00:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312301 An auction purchaser's writ petition was held maintainable where the grievance was the secured creditor's failure to deliver possession after accepting full auction consideration, because Section 17 of the SARFAESI Act was directed at measures under Section 13(4) and the alternative remedy was ineffective on the facts. The High Court held that an "as is where is" sale did not dilute the statutory duty under the Enforcement Rules to disclose material particulars and known impediments, or to deliver possession free from known encumbrances. As the purchaser had paid the bid amount in time but possession was not handed over within a reasonable period, refund of the sale consideration with interest and costs was granted. Case-Laws Indian Laws Thu, 20 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312301