Assets
and Enforcement of Security Interest Act, 2002 (for short `the SARFAESI Act '),
which can be termed as one of the most radical legislative ... taken under the SARFAESI Act or the DRT Act . Section 35 of the SARFAESI
Act is substantially similar to Section
Enforcement of Security Interest
Act, 2002, (for short, 'the SARFAESI Act ') and in pursuance of the
proceedings undertaken in the said Act ... taking appropriate action under Section 13(4) of the SARFAESI Act.
3. At this juncture, the respondent No.3 preferred W.P. No.44482
Reason:
2002 (hereinafter referred as the ‘ SARFAESI Act ’), on deposit of
1
Rs.3,50,000/-within two weeks. An appeal against the same ... dues. Statutory notice under Section 13(2) of the
SARFAESI Act was issued to the Respondent on 21.01.2015.
The objections under Section 13(3A) were
Enforcement of Securities
Interest Act, 2002 (hereinafter referred to as “ SARFAESI Act ”). It
appears that in the month of March, 2014, the NPA account ... SARFAESI
action (possession of the secured assets). It is submitted that this
effectively resulted in staying of all further proceedings under the
SARFAESI Act
legislations, that is the SARFAESI Act and the
Rent Control Act operate in completely different fields. While SARFAESI Act
is concerned with Non Performing Assets ... enactments which are
inconsistent with the DRT Act or Securitisation Act , the provisions
contained in those Acts cannot override other legislations.”
(emphasis laid by this
Magistrate, Mumbai, has passed orders
under
Section 14 of the SARFAESI Act for delivery of
possession of the secured asset to
the
respective secured creditors ... SARFAESI Act was not
prohibited under the said Act. He submitted that in
the absence of any express language in the SARFAESI
Act affecting
Enforcement
of Security Interest Act, 2002 (hereinafter referred to
as “ SARFAESI Act ”) and issued a public sale notice
in leading English newspapers for sale ... appellant of filing the
application under Section 17 of the SARFAESI Act
before the DRT to challenge the action of PNB in
forfeiting the deposit
Enforcement of Securities Interest Act,
2002 (hereinafter referred to as the “ SARFAESI Act ” or the
“Act”), at the instance of a borrower, is maintainable even ... Banks and Financial
Institutions Act, 1993 (hereinafter referred to as the “Recovery
of Debts Act”) and the SARFAESI Act , and thus, we would
destroy
Enforcement of
Security Interest Act, 2002 (hereinafter referred to as “ SARFAESI Act ”) were
issued on 07.08.2021 and 12.08.2021, respectively, which were duly replied ... demand notice
issued under Section 13(2) of the SARFAESI Act, by filing Writ Petition No.
23940 of 2021. Entertaining the said lis, a direction
Enforcement
of Security Interest Act, 2002 (hereinafter
referred to as `the SARFAESI Act ') and issued
separate demand notices to the respondent
partnership firm ... SARFAESI Act was not governed by the provisions of
the Limitation Act . He urged that Section 13(2) of
the Act, which deals with
