under Rule 8 which insists payment of Court-fees. Counsel stated that the language used in Rule 8 of the DRAT Rules ... Rule 8 of the DRAT Rules is not permissible. The provisions of Rule 8 of the DRAT Rules apply only when
under rule 8(6) of the rules.
11
20. Learned counsel also contended that the bank has followed the
Rules 8 ... with Rule 8(I)(II) and Rule 8(VI,
VII) and 9(1) of the SARFAESI Act and the 2002 Rules while
Petitioner was in violation of rule
6(2) and rule 8(6) of the SARFAESI Rules. It was
however clarified that Respondent ... that Rules 6(2) and 8(6) of the SARFAESI Rules were not complied
with, Mr Dhakephalkar submitted that the DRAT had completely
DRAT scanned the provisions of the SARFAESI Act and the rules made thereunder and more particularly Rules 8 and 9(1) and arrived ... therefore bound to comply with the requirements of Rule 8(6) and 9(1). The DRAT was therefore perfectly correct in its finding that
required under rule 8(6) of the Security
Interest (Enforcement) Rules, 2002 was never served upon him.
4. The learned DRAT vide ... laid down that " ... Sub-rule (6) of Rule 8 and Sub-rule(1)
of Rule 9 together, the service
with Rules 2002,
especially sub-Rule (1) to (4) and (6) of Rule 8 and sub-Rule
(1) of Rule ... envisaged by Rule 8(2).
Thus, there is total non-compliance of Rule 8(2) of the Rules
2002. The publication
with Rules 2002,
especially sub-Rule (1) to (4) and (6) of Rule 8 and sub-Rule
(1) of Rule ... envisaged by Rule 8(2).
Thus, there is total non-compliance of Rule 8(2) of the Rules
2002. The publication
Rule 8. Sri Pathak submits that neither Section 13(4) of the 2002 Act nor Rule 8 of the 2002 Rules contemplates ... Rule 8 were not controverted or denied by the petitioners. Sri Khare, while candidly admitting the receipt of notices under Rule 8, sought
8 of the DRAT (Procedure) Rules, 1994, prescribes for the payment of fee. Sub-clause (2) of Rule 8 states that the amount
Bhanwarlal And Ors. vs Rajasthan State Road Transport ... on 12 March, 1984
Equivalent citations: (1985
