https://www.taxtmi.com/caselaws?id=457241 A secured creditor seeking assistance under Section 14(1) of SARFAESI must make full and fair disclosure of all material pending proceedings and orders before the District Magistrate. Where the civil suit, orders passed in that suit, and an appellate order protecting possession except through due process of law were not disclosed, the omission deprived the Magistrate of material facts needed for a lawful decision and amounted to a serious procedural infraction and breach of natural justice. On that basis, the non-disclosure vitiated the Section 14(1) order, the writ and District Magistrate's orders were set aside, and the matter was remanded for fresh consideration after disclosure and hearing both sides. en-us Thu, 14 Jul 2022 00:00:00 +0530 Thu, 12 Sep 2024 20:11:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457241 A secured creditor seeking assistance under Section 14(1) of SARFAESI must make full and fair disclosure of all material pending proceedings and orders before the District Magistrate. Where the civil suit, orders passed in that suit, and an appellate order protecting possession except through due process of law were not disclosed, the omission deprived the Magistrate of material facts needed for a lawful decision and amounted to a serious procedural infraction and breach of natural justice. On that basis, the non-disclosure vitiated the Section 14(1) order, the writ and District Magistrate's orders were set aside, and the matter was remanded for fresh consideration after disclosure and hearing both sides. Case-Laws Indian Laws Thu, 14 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457241