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1 - 9 of 9 (1.37 seconds)Section 34 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
The Recovery Of Debts Due To Banks And Financial Institutions Act, 1993
Section 9 in The Code of Civil Procedure, 1908 [Entire Act]
Section 17 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Indian Bank vs M/S Blue Jaggers Estates Ltd on 9 August, 2010
The plaintiffs cannot by clever drafting seek to create an illusion of a cause of
action and thereby continue with an action in a civil Court bypassing the provisions of
special statutes. The purpose and object of the special statures are required to be kept
in mind while considering the claims made in the plaint. Parliament enacted SARFEASI
Act because it was found that the legal mechanism available till then was wholly
insufficient for recovery of the outstanding dues of banks and financial institutions
[United Bank of India vs. Satyawati Tandon & Anr.]:2010(8)SCC 110 and Indian Bank
vs. Blue Jaggers Estates Limited & Ors. : 2010(8)SCC 129) The plaint, as it stands, in
my view, is not maintainable in this Court.
Section 35 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
United Bank Of India vs Satyawati Tondon & Ors on 26 July, 2010
The plaintiffs cannot by clever drafting seek to create an illusion of a cause of
action and thereby continue with an action in a civil Court bypassing the provisions of
special statutes. The purpose and object of the special statures are required to be kept
in mind while considering the claims made in the plaint. Parliament enacted SARFEASI
Act because it was found that the legal mechanism available till then was wholly
insufficient for recovery of the outstanding dues of banks and financial institutions
[United Bank of India vs. Satyawati Tandon & Anr.]:2010(8)SCC 110 and Indian Bank
vs. Blue Jaggers Estates Limited & Ors. : 2010(8)SCC 129) The plaint, as it stands, in
my view, is not maintainable in this Court.
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