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1 - 8 of 8 (0.19 seconds)Section 17 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 13 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 34 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
T.Bhuvanendran vs Lic Housing Finance Ltd on 24 July, 2009
From the observation made by the Tribunal as above, it is
explicitly clear that the Tribunal has taken note of the rights and
interest of both the parties concerned. The petitioners need not be
aggrieved of the rejection of the IAs for joint trial, as the rights and
liberties of the parties to agitate the matter both in the O.A as well
as in the S.A stand secured by virtue of the relevant provisions of
W.P(C) No.5590 of 2010-W 12
law and the petitioners are at liberty to substantiate their case by
raising necessary pleadings and adducing evidence independently,
more so, by virtue of the law declared by this Court in
Bhuvanendran V. L.I.C Housing Finance Ltd. (2009(4) KLT 72) and
other binding judicial precedents as referred to herein before.
Auth.Offr.,Indian Overseas Bank & Anr vs M/S.Ashok Saw Mill on 16 July, 2009
6. Reliance is also sought to be placed on the decision
rendered by the Apex Court in Authorised Officer, Indian Overseas
Bank and another V. Ashok Saw Mill (2009) 8 SCC 366) . The
relevant portion of the judgment is extracted below:
Section 35 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
V.P.Fakrudheen Haji vs State Bank Of India on 19 December, 2008
7. The learned counsel for the petitioners submits that the
proceedings intended to be pursued before the DRT clearly show
that an enquiry has to be conducted before adjudication, which
involve raising of necessary pleadings as well as adducing evidence.
As such, this can't be made an empty formality, by merely
examining the correctness as to the steps being pursued by the
Bank. Reference is also made to the observations made by the
Division Bench of this Court in Fakrudheen Haji V. State Bank of
India (2009(1) KLT 227), wherein the findings and observations
made by the Court have been summarized as follows:
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