Enforcement of Security Interest Act, 2002
(hereinafter referred to as „SARFAESI‟ Act, 2002) as ultra vires and in
violation of Articles 14 , 21 and 300A ... hereinafter referred to as „CMM‟), Saket District Court under Section 14
SARFAESI Act as illegal and void and for directions to restrain
respondent
Reconstruction of Financial Assets and Enforcement of Security
Interest (for short „SARFAESI‟) Act, 2002 (hereinafter referred to as
the „Act‟).
2. On 21.4.2015, after summons ... parties before the Debt Recovery
Tribunal under Section 17 of the SARFAESI Act or RBBI
(sic)".
6. The learned Senior Advocate for the Bank
Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act ")
by initiating action under Section 13 classifying the loan account ... application moved by the secured creditor
under Section 14 of SARFAESI Act, the District Magistrate, Hissar passed
an order directing Superintendent by Police Hissar
Financial Assets and Enforcement of Security Interest
Act, 2002 (" SARFAESI Act "). The bank having failed to sell by public
auction (for which steps ... which would
include the Transfer of Property Act and the RDDBFI Act.
23. Section 13 of SARFAESI Act sets out at length the procedure
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (SARFAESI Act ) dismissing / rejecting the
LPA No.254/2015 Page 1 of 26
representation ... appellants against the notice under Section 13(2)
of the SARFAESI Act. It was the contention of the appellants that the
respondent Bank has taken
Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI
Act "). The petitioner prays for the issuance of writ in the nature ... territorial jurisdiction mainly for the reasons that the proceedings under
SARFAESI Act leading to the impugned action were conducted by the
respondent bank
Enforcement of Security Interest Act, 2002
(hereafter referred to as " SARFAESI Act ")
2. The brief facts are that PNB Housing issued notice under ... Section
13(2) of SARFAESI Act to the second and third respondents (the borrowers)
claiming `20,63,870/- by notice dated 14.1.2010. As borrowers failed
SARFAESI Act had noted that Section 34 of the said Act oust
this Civil Court‟s jurisdiction completely. Section 34 of the said Act
reads ... Act, 1993 (DRT Act ). The provisions of Section 13
of the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (SARFAESI
Enforcement of Security Interest Act, 2002 (hereafter referred to as
"SARFAESI ACT"), the Recovery Officer had no jurisdiction to issue
the directions that ... Act .
7. It is evident from the above discussion that during the pendency
of the application under Section 19 of the Recovery Act, SARFAESI
action
Respondent-Bank could invoke Sections 6, 13 or 14 of the
SARFAESI Act, 2002 and thereby assign, alienate, transfer or
take possession of the properties ... Assets and Enforcement of Security Interest Act, 2002 (in short
the SARFAESI Act ). Section 2(o) of the SARFAESI Act is as follows
