petitioner is registered as Micro/Small or a
Medium Enterprise under MSME Act, 2006 . Learned counsel for respondent
submits that there is huge outstanding
Interest Act, 2002 (hereinafter to be referred
as the SARFAESI Act ) initiated against it by respondent-Bank.
2. Petitioner claims to be a MSME. Availing ... settled position that provisions of SARFAESI Act
prevail over MSME Act with SARFAESI Act being a complete
code in itself. There is no scope
petitioners
therein as NPA (petitioners therein also claimed to be MSME)
was not called for and it is open to learned DRT to go into ... settled position that provisions of SARFAESI Act
prevail over MSME Act with SARFAESI Act being a complete
code in itself. There is no scope
Act, 2002 (for short ' SARFAESI Act ') and possession notice
dated 04.01.2021 (Annexure P-5) issued under Section 13(4) of SARFAESI
Act. There ... settled position that provisions of SARFAESI Act
prevail over MSME Act with SARFAESI Act being a complete
code in itself. There is no scope
Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (for short
' SARFAESI Act ').
2. Learned counsel for petitioners is unable ... settled position that provisions of
SARFAESI Act prevail over MSME Act with SARFAESI Act
being a complete code in itself. There is no scope
order
dated 06.04.2022 passed by ADC, Ludhiana under Section 14 of
SARFAESI Act. There is also a prayer for directing respondents not to take ... settled position that provisions of SARFAESI Act
prevail over MSME Act with SARFAESI Act being a
complete code in itself. There is no scope
notice dated
18.12.2019, Annexure P-7, under Section 13(4) of SARFAESI Act and sale
notice dated 26.10.2022, Annexure P-15 issued by respondent ... settled position that provisions of SARFAESI Act
prevail over MSME Act with SARFAESI Act being a complete
code in itself. There is no scope
Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002 (for short ' SARFAESI Act ') and order dated
30.06.2022 (Annexure P-8) passed ... settled position that provisions of SARFAESI Act
prevail over MSME Act with SARFAESI Act being a
complete code in itself. There is no scope
Present writ petition has been filed basically challenging
proceedings under SARFAESI Act on the ground of violation of RBI
Circular dated 17.03.2016. The controversy ... settled position that provisions of SARFAESI Act
prevail over MSME Act with SARFAESI Act being a complete
code in itself. There is no scope
petitioners therein as NPA (petitioners therein also claimed to
be MSME) was not called for and it is open to learned DRT to
go into ... settled position that provisions of SARFAESI Act
prevail over MSME Act with SARFAESI Act being a
complete code in itself. There is no scope