Supreme Court of India
Arce Polymers Private Limited v. M/s. Alphine Pharmaceuticals Private Limited and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the Borrower has waived and is estopped from challenging violation of Section 13(3A) of the SARFAESI Act and hence, the first issue is decided in favour of the Bank.
Judgment, page 22
From the headnote
Waiver: Meaning and applicability of – Held: Waiver is an intentional relinquishment of a known right – Waiver applie s when a party knows the material facts and is cognizant of the leg al rights in that matter, and yet for some consideration consciously a bandons the existing legal right, advantage, benefit, claim or privilege – Waiver can be contractual or by express conduct in co nsideration of some compromise – However, a statutory right may also be waived by implied conduct, like, by wanting to take a chance of a f avourable decision – The fact that the other side has acted on it, is s
Authorities it was built on
- 2002 Bank of India and Ors. v. O.P. Swaranakar Etc.
- 1975 Rameshwar and Ors. v. Jot Ram & Ors.
- 2009 Authorized Officer, Indian Overseas Bank and Anr. v. M/s. Ashok Saw Mill
- 2018 Itc Limited v. Blue Coast Hotels Ltd. & Ors.
- 1997 Martin and Harris Ltd. v. Vlth Additional Distt. Judge and Ors.
- 2002 Beg Raj Singh v. State of U.P. and Ors.
- 1994 Krishanlal v. State of Jammu and Kashmir
- 2002 Commissioner of Customs, Mumbai v. M/s. Virgo Steels, Bombay and Anr.
- 2018 Pravesh Kumar Sachdeva v. State of Uttar Pradesh & Ors.
Where later benches applied it
Of those, 1 referred to
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