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.