learned counsel Section 37 which applies the provisions of other laws
is not contradictory to Section 35 , inasmuch as, the SARFAESI Act
would have ... section (9) of Section
13 of the SARFAESI Act, it has been observed as under:-
"114. By enacting various provisos to sub-section
aspect which we have to consider is the effect of Section 35 of the SARFAESI Act which reads as under:
The provisions of this ... state debts as already discussed and the provision of Section 35 of SARFAESI Act we are in respectful agreement with the view taken
suits. This Section is inconsistent with
Section 33(5) of the Insolvency and Bankruptcy Code, 2016. Section 33(5)
shall override Section 279 of Companies ... Section 13(13) will override the provisions of Section 65A of
Transfer of Property Act, by virtue of Section 35 of the SARFAESI Act.
Section
Section 13(4) and by filing an application under Section 14 . The learned senior counsel would also submit that Section 35 of the SARFAESI ... Section 34(1) of the DRT Act and Section 35 of the Securitisation Act vis a vis Section 38C of the Bombay Act and Section
secured in
appropriate cases.
23. That apart, significantly, section 35 of the
SARFAESI Act mandates that the provisions thereof
would have effect, notwithstanding anything
inconsistent ... importance is that the non-obstante clause in
section 35 of the SARFAESI Act is not subject to
section 37 thereof; however, a plain reading
necessary to refer Sections 35 to 37 of the
SARFAESI Act.
As per Sec.35 , the provisions of this Act shall have
effect, notwithstanding anything ... addition to the provisions of the
RDDB Act. Section 35 of the SARFAESI Act states that the
provisions of the SARFAESI Act will have overriding
section (13) of Section 13 of the SARFAESI
Act, however, provides that after receipt of notice
referred to in sub-section (2) of Section ... Section 13 of the SARFAESI Act will override the
provisions of Section 65-A of the Transfer of Property Act
by virtue of Section 35
overriding effect of
the SARFAESI Act in terms of Section 35 thereof, Section
60 of the Transfer of Property Act, 1882 would not be
available ... also refer to Sections 35 and 37 of the
SARFAESI Act. While Section 35 says that the provisions
of the SARFAESI Act shall have effect
delay in filing an appeal under Section 18 of the SARFAESI
Act, 2002. The provisions contained under Sections 35 , 36 and 37 had
their ... Section 18 of the SARFAESI
Act, 2002 admitted.
Section 37 of the SARFAESI Act, 2002 required consideration in
that regard and also otherwise. Section
SARFAESI Act, 2002 involving interpretation
of Section 3 of Consumer Protection Act, 1986 and Section 35 of SARFAESI Act,
2002, both being non-obstinate clauses ... well within financial jurisdiction. Stating that Section 3 of Consumer
Protection Act, 1986 and Section 35 of SARFAESI Act 2002 have no apparent
contradiction
