such law."
The SARFAESI Act is a later Act than the Consumer
Protection Act . The SARFAESI Act is a special enactment
and the Consumer ... Financial Assets and
Enforcement of Security Interest Act is a special Act while
Companies Act is a general law. In such circumstances, with
regard
Banks and Financial
Institutions Act, 1993 , hereinafter referred to
as the "RDB Act". Section 2(2) of the SARFAESI
Act provides that ... Act, but defined in the
Indian Contract Act or the TP Act or the
Companies Act or the Securities and Exchange
Board of India Act
effecting the actions under Section 14(1)(a)(b) of
the SARFAESI Act subject to the above. The Bank shall pay batta
Security Interest Act, 2002, (hereinafter referred to as
the ' SARFAESI Act '), and the consequential orders passed by the
Magistrate, and notices issued ... were
not maintainable under Section 17 of the SARFAESI Act, since,
according to the DRT, a notice of dispossession, issued by an officer
SARFAESI Act makes the Limitation Act applicable
only for the purposes of Section 13 (4) of the
SARFAESI Act. The said provision, read with Section ... SARFAESI Act will override the
provisions of Section 65-A of the Transfer of Property Act
by virtue of Section 35 of the SARFAESI Act
issued by the Secured Creditor invoking the relevant
provisions under the SARFAESI Act . The case of the petitioner is that,
he has already approached ... unless and until the same is finalized, no
proceedings under the SARFAESI Act will lie .
2. Yet another contention raised by the petitioner is that
Banks and
Financial Institutions Act, 1993 (RDB Act for short) and sections
2(1) , 17 and 18 of the SARFAESI Act to contend that ... Act makes Limitation Act
applicable and as the DRT constituted under the RDB Act is
conferred with jurisdiction under section 17 , Limitation Act
governs applications
Security Interest Act, 2002
(hereinafter referred to as the ' SARFAESI Act, 2002 '). The
Bank invoked power under Section 13(4) of the SARFAESI ... before the Debt Recovery Tribunal
under Section 17 of the SARFAESI Act, 2002 challenging
the sale as well as claiming relief of subrogation and
redemption
creditor from proceeding against the secured assets in
terms of the SARFAESI Act , forms the subject matter of
consideration in this case.
2. The petitioners ... conferred under the SARFAESI Act
or under the RDDBFI Act. It is separately provided under Section 35
of the SARFAESI Act, that the provisions
Financial Assets and Enforcement of Security
Interest Act, 2002 (the SARFAESI Act for short)?
2. The petitioner bank moved the court of the Chief
Judicial ... 1814/2012
under Section 14 of the SARFAESI Act seeking to appoint an
Advocate Commissioner. This was for the purpose of assisting
the bank
