https://www.taxtmi.com/caselaws?id=756232 A secured creditor may enforce a mortgage under the SARFAESI Act when the debt remains recoverable, including by issuing notice under Section 13(4). The stated principle is that the existence of a valid mortgage and unpaid dues permits recovery measures against the secured asset. The guarantor's liability is treated as joint and several with that of the principal debtor, so the guarantor cannot resist enforcement on the ground that the demand is not enforceable against him. On that footing, the challenge to the SARFAESI measures failed and recovery action could continue. en-us Tue, 12 Mar 2024 00:00:00 +0530 Tue, 30 Jul 2024 13:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=756232 A secured creditor may enforce a mortgage under the SARFAESI Act when the debt remains recoverable, including by issuing notice under Section 13(4). The stated principle is that the existence of a valid mortgage and unpaid dues permits recovery measures against the secured asset. The guarantor's liability is treated as joint and several with that of the principal debtor, so the guarantor cannot resist enforcement on the ground that the demand is not enforceable against him. On that footing, the challenge to the SARFAESI measures failed and recovery action could continue. Case-Laws Indian Laws Tue, 12 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=756232