Whether arguments based on admitted facts on record, can be examined by Supreme Court on merits?

Art. 136 - New plea - Admitted facts - Arguments based on admitted facts on record, can be examined by Supreme
Court on merits even though same were neither raised in High Court nor in special leave petition - On facts, argument of
waiver thus examined by Supreme Court, 

Vasu P. Shetty v. Hotel Vandana Palace, (2014) 5 SCC 660

Debt, Financial and Monetary Laws
Debt, Debt Recovery and Relief
Rr. 8 and 9 - Mandatory provisions of Rr. 8 and 9 - Waiver of, by borrower - Reterated, is possible - Waiver of the
mandatory provisions - What amounts to - As the provisions of Rr. 8 and 9 are for benefit of borrower, borrower can
always waive these procedural requirements - However, question whether there is a waiver or not depends on facts of
each case and no hard-and-fast rule can be laid down in this regard - Borrower's efforts to thwart the sale of the secured
property (which prevented auction-sale of the secured property by secured creditor on two occasions), held, cannot be
taken as waiver of mandatory requirements under Rr. 8 and 9 of 2002 Rules - Hence, this did not relieve secured creditor
from its obligation to follow mandatory requirements of 2002 Rules at time of third auction, by serving proper 30 days'
notice for auction on borrower and complying with other requirements - On facts, held, there was no waiver of mandatory
requirements of Rr. 8 and 9 of 2002 Rules, either express or implied on part of borrower - In fact, when third auction-
notice dt. 27-4-2006 was published for sale to be held on 8-5-2006 (violating condition of 30 days' clear notice), borrower
immediately challenged such notice by filing writ petition before High Court - Hence, sale conducted in favour of appellant
auction-purchaser in the third auction in breach of mandatory conditions is null and void - Order of High Court setting
aside such sale, upheld, 
Constitution of India
Art. 136 - New plea - Admitted facts - Arguments based on admitted facts on record, can be examined by Supreme
Court on merits even though same were neither raised in High Court nor in special leave petition - On facts, argument of
waiver thus examined by Supreme Court, 

Interest on refund - When not warranted - Benefit arising to payer to whom refund of consideration made on
cancellation of conveyance i.e. use of property before cancellation of conveyance i.e. use of property before cancellation
of conveyance, 

Print Page