https://www.taxtmi.com/caselaws?id=458300 Under the SARFAESI enforcement scheme, compliance with possession notice requirements must be real and substantive; a document that is not itself a valid possession notice cannot be treated as cured merely by later publication, and total non-compliance with the statutory mode of enforcement vitiates the action. On interest, where consent terms left the future rate to the Tribunal and no agreed penal rate was proved, the grant of 8% per annum was treated as a discretionary determination under Section 34 CPC and was not interfered with as arbitrary or perverse. The writ challenge therefore failed on both grounds. en-us Fri, 04 Jan 2019 00:00:00 +0530 Sat, 19 Oct 2024 12:45:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458300 Under the SARFAESI enforcement scheme, compliance with possession notice requirements must be real and substantive; a document that is not itself a valid possession notice cannot be treated as cured merely by later publication, and total non-compliance with the statutory mode of enforcement vitiates the action. On interest, where consent terms left the future rate to the Tribunal and no agreed penal rate was proved, the grant of 8% per annum was treated as a discretionary determination under Section 34 CPC and was not interfered with as arbitrary or perverse. The writ challenge therefore failed on both grounds. Case-Laws Indian Laws Fri, 04 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458300