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    <title>2026 (3) TMI 1084 - BOMBAY HIGH COURT</title>
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    <description>Completed SARFAESI enforcement could not be stalled by a later insolvency-based moratorium claim where the secured asset had already been sold, the sale certificate issued and registered, and earlier insolvency orders had excluded the asset from the personal guarantor&#039;s estate and the moratorium. The court also treated the borrowers&#039; prolonged inaction, repeated settlement attempts, and delayed challenge to the secured creditor&#039;s measures as waiver and conduct attracting equitable estoppel, amounting to misuse of the insolvency process. The enforcement process was restored, possession was to be delivered to the auction purchasers, and the pending securitisation application was left to be decided on its own merits.</description>
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      <description>Completed SARFAESI enforcement could not be stalled by a later insolvency-based moratorium claim where the secured asset had already been sold, the sale certificate issued and registered, and earlier insolvency orders had excluded the asset from the personal guarantor&#039;s estate and the moratorium. The court also treated the borrowers&#039; prolonged inaction, repeated settlement attempts, and delayed challenge to the secured creditor&#039;s measures as waiver and conduct attracting equitable estoppel, amounting to misuse of the insolvency process. The enforcement process was restored, possession was to be delivered to the auction purchasers, and the pending securitisation application was left to be decided on its own merits.</description>
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