sale must be free from all encumbrances. He therefore submitted that SARFAESI Act, 2002 and the Rules made thereunder, do not provide for sale ... Act includes taking possession. At this juncture, it is relevant to extract Section 14 of the SARFAESI Act, 2002.
"14. Chief Metropolitan Magistrate
under Section 17 of the SARFAESI Act, 2002, before the Debts Recovery Tribunal at Madurai, claiming that the properties mortgaged by him, in favour ... Act. The petitioner issued a Demand Notice to the respondent herein in accordance with the provisions u/s.13(2) of the SARFAESI Act, 2002
taken possession by the Bank under Section 13(4) of SARFAESI Act, 2002, to recover a sum of Rs.3,99,33,842.86 with further ... taken by the bank as specified under Section 14 of the SARFAESI Act, 2002. Learned counsel for the petitioner has contended that
filed an application dated 14.05.2018, under Section 14 of the SARFAESI Act, 2002, before the District Magistrate cum District Collector, Coimbatore District, respondent herein ... Magistrate cum District Collector, Coimbatore District, should act in accordance with Section 14 of the SARFAESI Act, 2002
11. With the above direction, this writ
Bank issued notice dated 17.07.2012 under Section 13(2) of the SARFAESI Act, 2002, followed by a possession notice dated 26.02.2013, under Section ... SARFAESI Act .
13. This Court in Mathew Varghese case, further observed that the provision contained in Section 13(8) of the SARFAESI Act, 2002
cost. Simultaneously, proceedings were taken under the provisions of the SARFAESI Act, 2002 . Thereafter, sale notice dated 08.03.2016 was issued for sale of the secured ... issued notice and taken action, under Section 13(2) of the SARFAESI Act, 2002 are eligible to be considered, without prejudice to the rights
SARFAESI Act, and thereafter, caused a notice, under Section 13 (4) of the SARFAESI Act, 2002.
2. Subject property mortgaged with the State Bank ... under Section 13 (4) of the said Act is appealable, under Section 17 of the SARFAESI Act, 2002, and so also the sale certificate
assets, to Encore Asset Reconstruction Company Private Limited (EARC), Haryana, under SARFAESI Act, 2002 .
2. In the prayer, the petitioner has captioned the said letter ... been issued by the Bank, under Section 13 (4) of the SARFAESI Act, 2002. Sale notice, dated 2/3/2007, was also issued, fixing
Chief Manager, has submitted an application under Section 14 of the SARFAESI Act, 2002, seeking assistance from District Magistrate-cum-District Collector, Thiruvallur District. Though ... Magistrate cum District Collector, Thiruvallur District, should act in accordance with Section 14 of the SARFAESI Act, 2002.
12. With the above direction, this writ
Branch, the 1st respondent herein, against the schedule property, under the SARFAESI Act, 2002 , as null and void, and the Debts Recovery Tribunal-II, Kerala ... Debts Recovery Appellate Tribunal, Chennai, under Section 18 of the SARFAESI Act, 2002. Vide proceedings, dated 01.09.2017, DRAT, Chennai, ordered as follows:
"Appellant filed
