act strictly in accordance with
Section 13(8) of the SARFAESI Act, 2002, which clearly
mandates that dues of the secured creditor ... Security Interest Act, 2002 (Hereinafter referred
to as the ' SARFAESI Act ', for brevity). The said property was a
security asset, namely, non-agricultural
Act, 2002?
(ii) Even assuming that Section 5 of the Limitation
Act applies to the petition / application filed under Section
17 of the SARFEASI Act ... Act', for brevity). And that the provisions of the RDB
Act stand incorporated in the SARFAESI Act for disposal of an
appeal. Once that
Security Interest Act, 2002 (hereinafter referred to as 'the
4
SARFAESI Act ', for brevity) and that on the strength of the
said order ... loan transaction in
respect of which the provisions of the SARFAESI Act have
been invoked.
3. The Learned counsel for the petitioner places
reliance
Security Interest Act, 2002 (hereinafter referred to as 'the
SARFAESI Act ', for brevity). It is demonstrated that the
properties of the petitioner have ... India would be unable to intervene in
proceedings instituted under the SARFAESI Act , he would also
5
point out that the Supreme Court has carved
Security Interest Act,
2002 (hereinafter referred to as 'the SARFAESI Act ', for
brevity and there is an order passed under Section ... SARFAESI Act directing delivery of possession of the
property. It is in that background since the petitioner faces the
prospect of dispossession that the petitioner
Security Interest Act, 2002 (hereinafter referred
to as 'the SARFAESI Act ', for brevity). It is in that
background since the petitioner faces ... held by the Supreme Court that the provisions of
4
the SARFAESI Act would affect the right of the lessee to
remain in possession
Assets and Enforcement of
Security Interest At, 2002 (for short ' SARFAESI Act '),
possession has to be taken by the secured creditor ... petitioner would contend that under the provisions of the
SARFAESI Act , the property cannot be sold in auction
without taking physical possession of the property
Security Interest Act, 2002 (hereinafter referred to as 'the
SARFAESI Act ', for brevity).
3
2. The petitioner is said to have issued ... have issued a
further notice under Section 13(4) of the SARFAESI Act. The
petitioner had issued a reply. However, the respondent
Financial Assets and
3
Enforcement and Security Interest Act, 2002
(" SARFAESI Act " for short).
3. The property, we are informed, has, already, been ... third proviso to sub-section (1) of
Section 18 of the SARFAESI Act, the appellate tribunal
has been authorized, for the reasons to be recorded
CONSEQUENTLY AND ALL
CONSEQUENTIAL MEASURES TAKEN UNDER THE PROVISIONS
OF THE SARFAESI ACT, 2002 BY HOLDING THE SAME AS
ILLEGAL.
2
THIS WRIT PETITION COMING ... against the action initiated against the
petitioner under the provisions of SARFAESI Act, 2002 .
3. The petitioner has filed an appeal
