sarfaesi Act, Sections 13(2) and (4) – Statute – Waiver of mandatory requirement of a statute – Power of the courts/judicial authorities to mould relief – Borrower challenged the actions taken by the Bank after the Subject Property had changed hands and third party interests had been created – Taking into consideration the entire facts of the case, which perspicuously reflect disingenuous conduct on part of the Borrower to gain indulgence, unfulfilled assurances and promises, their unwillingness to pay, and in light of the law laid down by this Court, we are of the view that the Borrower has waived and is estopped from challenging violation of Section 13(3A) of the SARFAESI Act
read HERE 2022 SCeJ 0200
