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1 - 8 of 8 (0.22 seconds)Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Of Document) M/S Fermina Developers ... vs Indiabulls Housing Finance Limited on 13 December, 2022
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respondents oppose the maintainability of the present petition under section
9 and rely on the observations in Femina Developers Private Ltd. vs.
Indiabulls Housing Finance Limited, (2022) SCC Online Del 4487,
Indiabulls Housing Financing Ltd. vs. Shipra Estates Ltd., Arb
(A)(Comm.)
M.D. Frozen Foods Exports Pvt. Ltd. vs Hero Fincorp Ltd. on 21 September, 2017
4. On the other hand, Mr. Bakshi, learned senior counsel for the
petitioner has drawn my attention to a decision of the coordinate bench of
this court in ARB.P. No. 251/2023 in "Aditya Birla Finance Limited vs.
Shri Jagannath Memorial Educational Trust and Ors." as well as
judgment of M.D. Frozen Food Exports Pvt. Ltd. vs. HeroFincorp Ltd."
2017 (16) SCC 741 to urge that the proceedings under SARFAESI Act,
2002 and Arbitration and Conciliation Act, 1996 can proceed
simultaneously.
Bell Finvest India Limited vs A U Small Finance Bank Limited on 28 April, 2022
36/2022 dated 21.02.2023 and Bell Finvest India Limited &
Ors. vs. A U Small Finance Bank Limited, ARB.P. No. 453/2022 to state
that the present proceedings do not fall within the scope of the Arbitration
and Conciliation Act, 1996 but fall within the jurisdiction of the DRT and
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (SARFESI Act, 2002).
Aditya Birla Finance Limited vs Shri Jagannath Memorial Educational ... on 3 October, 2023
4. On the other hand, Mr. Bakshi, learned senior counsel for the
petitioner has drawn my attention to a decision of the coordinate bench of
this court in ARB.P. No. 251/2023 in "Aditya Birla Finance Limited vs.
Shri Jagannath Memorial Educational Trust and Ors." as well as
judgment of M.D. Frozen Food Exports Pvt. Ltd. vs. HeroFincorp Ltd."
2017 (16) SCC 741 to urge that the proceedings under SARFAESI Act,
2002 and Arbitration and Conciliation Act, 1996 can proceed
simultaneously.
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