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april 2014

Supreme Court of India · 2014-04-22

Vasu P. Shetty vs M/S Hotel Vandana Palace & Ors

Citation / case number
AIR 2014 SUPREME COURT 1947
Court
Supreme Court of India
Petitioner
Vasu P. Shetty
Respondent
M/S Hotel Vandana Palace & Ors
Author
A.K. Sikri
Bench
A.K.Sikri

Judgment text excerpt

The Supreme Court addressed the validity of a property sale under the SARFAESI Act, specifically examining the mandatory notice requirements under Rules 8 and 9. The Court held that the failure to provide the requisite 30 days notice invalidated the sale, despite the bank's argument of waiver by the borrower. The Division Bench's decision to set aside the sale was upheld, reinforcing the principle that mandatory procedural requirements cannot be waived. Consequently, the sale in favor of the highest bidder was declared invalid.

Vasu P. Shetty vs M/S Hotel Vandana Palace & Ors · Niyam