taken under the SARFAESI Act or the DRT Act . Section 35 of the SARFAESI
Act is substantially similar to Section ... ignore the availability of statutory
remedies under the DRT Act and SARFAESI Act and exercise jurisdiction under
Article 226 for passing orders which have serious
Financial Assets and Enforcement of Security Interest
Act, 2002, (for short, 'the SARFAESI Act ') and in pursuance of the
proceedings undertaken ... made, nor any action under the SARFAESI Act was
taken. However, the action under the SARFAESI Act was taken on the second
time
under Section 13(4) of the Act.
Upon a detailed consideration of the statutory scheme under
the SARFAESI Act , the availability of remedy ... ignore the
availability of statutory remedies under the
DRT Act and the SARFAESI Act and exercise
jurisdiction under Article 226 for passing
orders which have
Financial Assets and Enforcement of Securities
Interest Act, 2002 (hereinafter referred to as “ SARFAESI Act ”). It
appears that in the month of March ... when against
any action under the SARFAESI Act , an appeal under Section 17 of the
SARFAESI Act would be maintainable and is required
legislations, that is the SARFAESI Act and the
Rent Control Act operate in completely different fields. While SARFAESI Act
is concerned with Non Performing Assets ... Act , the provisions
contained in those Acts cannot override other legislations.”
(emphasis laid by this Court)
If the interpretation of the provisions of SARFAESI Act
Reconstruction of
Financial Assets and Enforcement of Security Interest
Act, 2002 (for short ‘ SARFAESI Act ’) to the borrowers
saying that they intend to enforce ... SARFAESI Act was not
prohibited under the said Act. He submitted that in
the absence of any express language in the SARFAESI
Act affecting
Financial Assets and Enforcement
of Security Interest Act, 2002 (hereinafter referred to
as “ SARFAESI Act ”) and issued a public sale notice
in leading English newspapers ... Section 13(4) of the
7
SARFAESI Act and, therefore, provisions of Section
17 of SARFAESI Act are not attracted so far as the
appellant
Financial Assets and Enforcement of Securities Interest Act,
2002 (hereinafter referred to as the “ SARFAESI Act ” or the
“Act”), at the instance of a borrower ... Banks and Financial
Institutions Act, 1993 (hereinafter referred to as the “Recovery
of Debts Act”) and the SARFAESI Act , and thus, we would
destroy
Financial Assets and Enforcement of
Security Interest Act, 2002 (hereinafter referred to as “ SARFAESI Act ”) were
issued on 07.08.2021 and 12.08.2021, respectively, which were duly ... ignore the availability of statutory remedies under the
DRT Act and the SARFAESI Act and exercise jurisdiction under Article 226 for passing
orders which have
Financial Assets and Enforcement
of Security Interest Act, 2002 (hereinafter
referred to as `the SARFAESI Act ') and issued
separate demand notices to the respondent ... assets
in accordance with the provisions of the Act. Mr.
10
Gopalan submitted that the SARFAESI Act neither
contemplates restoration of possession of the
secured
