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1 - 10 of 12 (0.36 seconds)The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
Section 60 in The Transfer Of Property Act, 1882 [Entire Act]
Section 35 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 37 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Article 226 in Constitution of India [Constitution]
The Transfer Of Property Act, 1882
S Karthik vs N Subhash Chand Jain on 23 September, 2021
The decision in S.Karthik
(supra) being a later judgment and by a larger bench
therefore will be binding on us and this decision says
that the right of redemption stands extinguished only on
the sale certificate getting registered.
M/S Pals Alloys And Metal India Private ... vs Allahabad Bank on 23 December, 2021
41. This position has been explained by the Punjab &
Haryana High Court in Pal Alloys & Metal India Private
Limited (supra), wherein it has been clarified that the
amended Section 13(8) of the SARFAESI Act merely
prohibits the secured creditor from proceeding further
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with the transfer of the secured asset by way of lease,
assignment or sale if the dues are paid before issuance of
sale notice for public auction. A restriction on the right of
the mortgagee to deal with the property is not exactly the
same as the equity of redemption available to the
mortgagor.
Shakeena . vs Bank Of India And Ors. on 20 August, 2019
42. Let us now examine the decision of the Supreme
Court in Shakeena (supra) relied upon by the petitioner.