Debts due
to Banks and Financial Institutions Act, 1993 (for short "RDDB Act") had
not managed to achieve its object and therefore ... defined in Section 2(ha) of the SARFESI
Act vis-a-vis RDDB Act
29. The word "debt" has been defined in Section
under Section 25 [a], 28[3][i][iv], 28[3][x] of RDDB&FI Act, 1993 and
Rule 31 of II Schedule ... Attachment, is per se improper and illegal.
E)Section 28 of RDDB Act, speaks about the other modes of recovery
and it deals with
dispose of
an appeal in accordance with the provisions of the
RDDB Act. In this respect, the provisions of the
RDDB Act stand incorporated ... applicable, the proviso to section 20 [3] of the
RDDB Act is applicable by virtue of Section 18 [2] of
the SARFAESI Act . This interpretation
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learned Judges,
Thakker, J. held that the provisions of RDDB Act should be
given priority and primacy over SICA by virtue ... RDDB Act as it is a subsequent enactment. Therefore it may
be presumed even in the absence of any specific provision,
that Parliament was aware
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