https://www.taxtmi.com/caselaws?id=768832 A writ petition may be entertained despite an available Debts Recovery Tribunal remedy where the grievance concerns a secured creditor's failure to follow mandatory SARFAESI sale procedure rather than the core enforcement dispute. The note explains that, for sale of immovable secured assets, the creditor must disclose known encumbrances and material title defects even when the property is sold on an "as is where is" basis. It also states that non-disclosure, inadequate due diligence, and defective certification can justify writ intervention, particularly where the purchaser acted in good faith and suffered prejudice. en-us Tue, 03 Dec 2024 00:00:00 +0530 Tue, 15 Apr 2025 08:35:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768832 A writ petition may be entertained despite an available Debts Recovery Tribunal remedy where the grievance concerns a secured creditor's failure to follow mandatory SARFAESI sale procedure rather than the core enforcement dispute. The note explains that, for sale of immovable secured assets, the creditor must disclose known encumbrances and material title defects even when the property is sold on an "as is where is" basis. It also states that non-disclosure, inadequate due diligence, and defective certification can justify writ intervention, particularly where the purchaser acted in good faith and suffered prejudice. Case-Laws Indian Laws Tue, 03 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768832