Security Interest Act, 2002 (hereinafter
being referred to as the “ SARFAESI Act, 2002 ”).
3. The relevant facts in brief to appreciate the controversy are
that ... respondent Bank initiated recovery
proceedings under the provisions of the SARFAESI Act, 2002 and
issued demand notice dated 15 th November, 2012 calling upon
construction of Financial Asset and Enforcement
of Security Interest Act, 2002 (SARFAESI Act ). After taking formal
possession of the mortgaged property which was given ... SARFAESI Act .”
13. This Court further observed that the provision
contained in Section 13(8) of the SARFAESI Act, 2002 is
specifically for the protection
upheld the entire Act, this Court cannot re-
examine one of the provision of the Act.
13. The SARFAESI Act, 2002 , is a self-contained ... Financial Institutions Act, 1993 (51 of 1993)."
Section 35 of the Act states that the provisions of the SARFAESI Act, 2002 ,
should override other
issued notice to RIL under section 13(2) of the
SARFAESI Act, 2002, further, notice was issued to RIL
under section 13(4) of SARFAESI ... provisions contained in section 2(zc) to (zf) of
SARFAESI Act, 2002 , read with provisions contained in
Section 13 of the SARFAESI Act, 2002
Enforcement of Security Interest Act, 2002 (hereinafter
referred to as “ SARFAESI Act, 2002 ), the writ petition would not be
maintainable. The second issue with regard ... SARFAESI Act .”
13. This Court further observed that the provision contained in
Section 13(8) of the SARFAESI Act, 2002 is specifically for the
protection
Respondent
Bank under Section 13 (2) and (4) of the SARFAESI Act and Rules,
2002 against the schedule properties,
viii) Direct the Respondent Bank ... Opining that
the definition clauses in the SARFAESI Act clearly convey the
legislative intent that the SARFAESI Act applies to all existing
agreements, irrespective
documents by himself. He could not, purporting
to act under Section 14 of the SARFAESI Act, 2002 direct police
assistance to the Branch Manager ... prayer made in such an application at all acting
under Section 14 of the SARFAESI Act, 2002. The District Magistrate,
however, proceeded to entertain such
Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act,
2002 (SARFAESI Act, 2002 ) even though the BIFR had
recommended the winding ... prohibition either under the
Banking Regulation Act, 1949 or under the SARFAESI
Act, 2002 , debarring an assignee financial
institution or a reconstruction company from
Section 13(4) of the Act, the
learned Magistrate invoking proceedings under Section
14 of the SARFAESI Act, 2002, is bound to issue Notice ... documents by himself. He could not,
purporting to act under Section 14 of the
SARFAESI Act, 2002 direct police assistance
to the Branch Manager
action/order passed under Section 14 of the SARFAESI Act has held that the SARFAESI Act, 2002 attaches finality to the decision of the Chief ... been decided to amend the said Acts. The amendments in the SARFAESI Act, 2002 were proposed to suit changing credit landscape and to augment ease
