VidhiSangh

Supreme Court of India · 03/12/2021

ARCE POLYMERS PRIVATE LIMITED versus M/S. ALPHINE PHARMACEUTICALS PRIVATE LIMITED AND OTHERS

[2021] 11 S.C.R. 1059 · 2021 INSC 820

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court restored the tribunal’s order upholding a secured-asset auction. Through repeated restructuring requests, assurances and benefits obtained from deferred enforcement, the borrower had waived and was estopped from invoking the alleged failure to answer its representation. This was based on deliberate conduct, rather than mere inaction. The valuation separately covered machinery, and the successful bid exceeded fair market value. The Court left open both the alleged statutory breach and the continuing-cause-of-action limitation question.

Issues

  1. Whether the borrower’s conduct barred its challenge based on an alleged failure to respond to its representation.
  2. Whether the valuation and composite sale of land, building and machinery justified setting aside the auction.

Provisions considered

Held

Result

Appeals allowed. The High Court judgment was set aside, the writ petition treated as dismissed, and the tribunal’s order upholding the enforcement procedure and sale restored; no costs.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 1059.