Rule 8(5)(d) of the Security Interest (Enforcement) Rules, 2002 before
resorting to other modes of sale under Rule 8 ... accordance
with Rule 8(5)(d) of the Security Interest (Enforcement) Rules, 2002
particularly in view of the order of DRAT dated
over DRTs and DRATs to oversee their functioning.
vi. Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai & Ors. ,
(1998) 8 SCC 1 to project ... raised by the petitioners that the provisions
of Rule 8 and 9 of the SARFAESI Rules have been violated and the said issue
8,16,50,993/-, notice amount, as per Rule 13(2)(b) of the SARFAESI Rules, 2002. Consequently, the petitioner has sought ... basis of a sum of Rs.8,16,50,993/-, the notice amount.
It is made clear that DRAT cannot entertain any appeal without ensuring
such, there was no outstanding amount, due to the Bank.
8. It is the further submission of the petitioner that the appeal ... DRAT has passed an erroneous order, dated 10.09.2014, on the grounds that a waiver application ought to have been filed.
10. Referring to Rule
When this Court categorically recorded that as per Rule 13 of the Rules, 2002, the amount of fee payable to an appeal ... that the same required to be set aside.
8. With due respect, the approach of the DRAT, Chennai, on the basis of Registry
Shetty vs. Hotel Vandana Palace and others ) ( iv) (2014) 2 DRTC 561 (DRAT, Delhi) Shiv Kumar Aggarwal & Others v. Development Credit Bank ... Section 13(8) and 37 of the SARFAESI Act, Section 69 (A) of the Transfer of property Act, 1882, Rule 15 of Income
appeal. It is nowhere provided, as has been
interpreted by the DRAT in the impugned order, that when
secured asset belongs to the guarantor, only ... conclusion, I may resort to add one more reason by
1 (2010) 8 SCC 110
2 (2014) 1 SCC 479
12
referring to provisions contained
learned DRAT in Miscellaneous Appeal No. 36 of 2006 as well as
Miscellaneous Appeal No. 52 of 2006. The learned DRAT set aside
the condition ... clauses viz. 4 to 8 and 11 in the impugned order are concerned, they
are retained by the learned DRAT.
21. Being aggrieved
Edelweiss Asset Reconstruction ... vs Vintage Foods & Industries Ltd on 24 November, 2017
Author: S
under Section 13(2) of the SARFAESI Act, 2002 read with Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 (in short ... SARFAESI Act, 2002 read with Rule 8 of the Rules, 2002. E-auction was held on 21.6.2016 and the auction sale had been
