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(hereinafter referred to as "the RDDBFI Act") had been instituted before the
Debts Recovery Tribunal (hereinafter referred ... recovered being not within the jurisdiction of DRT under RDDBFI
Act. It also argued that since the claim arose out of an alleged fraudulent
transaction
SARFAESI Act.
(ii) The Limitation Act 1963 made a fundamental change in Section 29(2) of the Act. It is clear that in case ... RDDBFI Act and the SARFAESI Act, more particularly Section 18 of the SARFAESI Act with Section 20 of the RDDBFI Act. The Division Bench found
RDDBFI Act and
Section 29(2) of the Limitation Act it is explicit that RDDBFI Act
excludes the provision of Section 5 of the Limitation ... Act. In that Act there is no
provision like Section 24 of the RDDBFI Act to make the
applicability of the Limitation Act conditional using
Financial Institutions Act, 1993 (hereinafter referred to as 'the RDDBFI Act') and the Debts Recovery Tribunal (Procedure) Rules, 1993 (hereinafter referred ... RDDBFI Act will override the Passport Act . The Passport Act falls within entry 19 of List-I of the Seventh Schedule and the RDDBFI Act
Act, 1993") and also if any pending under the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (SARFAESI Act ... prescribed
under the RDDBFI Act and the SARFAESI Act, in view of the provisions
of Sections 34 of both the Acts and which
jurisdiction, power and procedure of the authorities
under RDDBFI Act are dispelled and such that the improprieties noted here
are not indulged in again ... Recovery of Debts
due to Banks and Financial Institutions Act, 1993 (RDDBFI Act) for
19.11.2007. On 19.11.2007 the Assistant Registrar recorded the
proceedings inter alia
Debts Due to Banks and Financial Institutions Act, 1993 (the RDDBFI Act).
7. However, the matter in controversy primarily on the point of jurisdiction ... definition of 'debt' under Section 2(g) of the RDDBFI Act, 1993, and for that matter, to determine the dispute of 'Jurisdiction
Act,
1963, but that has not been applied to the Securitisation Act .
11. It was also contended that since the Securitisation Act followed the
RDDBFI ... Act and since the Securitisation Act has clear reference to the
RDDBFI Act, the provisions of both the Acts have to be considered
scheme of 1986 Act, (Consumer Protection Act ) it is apparent that the main objective of the Act is to provide for better protection ... SRFAESI Act, the latter Act will have overriding effect over Section 8 of the Arbitration and Conciliation Act, 1996. which was enacted earlier in point
that for entertaining an appeal under Section 20 of the RDDBFI Act, 1993, fees are required to be paid by the aggrieved appellant ... whereunder the petition led under Section 22(2)(g) of the RDDBFI Act for setting aside exparte order passed in Original Application
