without the intervention of the Court. Placing strong
reliance on Section 35 of the SARFAESI Act, Mr Kamdar submitted
that the SARFAESI Act , being ... liberal meaning is given to the said expression, Section 35 of the
SARFAESI Act would become completely otiose as all other laws
would then
Section 60 of the Transfer of
Property Act, in view of the Section 37 of SARFAESI Act? and
(iii) Whether Section 35 of the SARFAESI ... SARFAESI Act has the effect
of overriding Section 37 of the SARFAESI Act?
12.2. A comparative study of Sections 35 and 37 of the SARFAESI
Section 38C of the Bombay Sales Tax Act, 1959. Section 35
of the SARFAESI Act, 2002 does not override Section 38C of
the Bombay Sales ... claims
based on appreciation of Section 37 of the MVAT Act and
Section 35 of the SARFAESI Act. However, distinguishing
feature is that the Respondent
ambit of Section 281 of the Income Tax Act,
1961 (hereinafter shortly referred to as “the Income Tax Act ”) vis-a-vis, Section ... also submitted that the overriding powers in terms of section 35 of
the SARFAESI Act, can be applied by the bank only
provisions of Sections 446 and 537 of
Act 1956 in view of overriding effect of the SARFAESI Act as stated
in Section 35 therein ... appear from sub-section (2) of Section 34 of the RDB Act.
It will appear from Section 34 of the SARFAESI Act the
jurisdiction
examined which would undoubtedly show that Section 11
of EPF Act, 1952 would prevail over Section 35 of SARFAESI, Act
2002. He would submit that ... Section 11 EPF Act 1952 and Section 26E SARFAESI Act,
2002 both contain non - obstante clauses with regard to payment of
dues. Section
Concern
Readymix (supra), & concluded that under the
amended Section 13(8) of the SARFAESI Act, the right
of redemption of mortgage would continue till ... referred to above deals
with the proposed amendment to Section 13(8) of
35
the SARFAESI Act and gives a heading "Provisions to
stop
Procedure Code , particularly in the light of Section 35 read with Section 2 (2) of the SARFAESI Act 2002. While dealing with Section 35 ... Criminal Procedure Code for construing the ambit of Section 14 of the SARFAESI Act citing Section 35 of the SARFAESI Act is unsustainable
derogation of Section 60 of the
Transfer of property Act ,in view of Section 37 of SARFAESI Act or whether
Section 35 of SARFAESI ... Section 37 of the SARFAESI Act, the action
initiated under the provisions of the SARFAESI Act shall have
the overriding effect as per Section 35
sale for realising the
secured asset....”
Further, the provision under Section 35 of the SARFAESI Act provides that
it shall override all other laws, which ... protection given to the tenant. A non
obstante clause ( Section 35 of the SARFAESI Act) cannot be used to bulldoze
the statutory rights vested
