debt under
the DRT Act by the enactment of the NPA Act, 2002 .
Analysis of the DRT Act, 1993:
The DRT Act, 1993 has been ... DRT Act. This aspect is important. The tribunal under the DRT Act is
also the tribunal under the NPA Act . Under Section 19
under
Section 19(1) of the DRT Act could initiate proceedings, was predicated on
the DRT Act making a departure from Section ... 19(1) of the
DRT Act applicable to proceedings under Section 17(1) of the SARFAESI
Act. As aforesaid, Section 19(1) of the DRT
remedies. The object behind Section 13 of the NPA Act and Section 17 read with Section 19 of the DRT Act is the same, namely ... person who has preferred appeal u/s 18 of NPA Act or u/s 20 of DRT Act, 1993, there will be pre-determination
DRT Act inasmuch as, there is no provision
14
in SFC Act similar to sub-section (19) of Section 19 of DRT
Act. He would ... simultaneously by Companies (Amendment) Act,
1985 i.e., (Act 35 of 1985). Whereas, sub-section (19) of
Section 19 of DRT Act came
19(1) of the DRT Act applicable to proceedings under Section 17(1) of the SARFAESI Act. As aforesaid, Section 19(1) of the DRT ... under Section 17(1) of the SARFAESI Act in accordance with the provisions of the DRT Act and the Rules made thereunder, Section 19
RDDB Act, the
provisions of section 19(1) of the RDDB Act are to be applied for
determining which DRT would have jurisdiction to entertain ... provisions of Section 19(1) of the RDDB Act.
35. As noted earlier, the RDDB Act as well as SARFAESI Act
were brought into force
Page 2 of 15
of Section 16 of the CPC. In terms of Section 19(1) of the DRT Act, it
was not required that ... under
Section 17(1) is the DRT where proceedings can be initiated by the
financial institution under Section 19(1) of the DRT Act read
that
arises in this petition.
8. Sub-Sections (1) and (23) of Section 19 of the DRT Act are
reproduced below:
Section 19 . Application ... thereof was governed by Section 20 of CPC,
containing the same principles as in Section 19(1) of the DRT Act.
13. The proceedings
proceeds of
the security under Section 19(19) of the 1993 Act read with Section 529A of
the Companies Act. When the debtor company ... realization of their dues. Section 19(19) of the 1993
Act and Section 529A of the Companies Act do not help the workmen as they
interest payable after filing of an application under Section 19
of the DRT Act and requested that the proceedings initiated under the Act ... action that
may be taken by the Bank under Section 19 of DRT Act, 1993. In
such case, if an appeal is preferred even against
