Date: 2021.11.26
17:14:35 IST
Reason:
1
SARFAESI Act, 2002 , the original plaintiff has preferred the
present appeal.
2. The facts leading ... Reconstruction of
Financial Assets and Enforcement of Security Interest Act,
2002 (SARFAESI Act ) by issuing a notice dated 27.12.2018,
demanding the payment
Security Interest Act, 2002 hereinafter referred to, in
short as the ‘ SARFAESI Act ’, calling upon the Corporate Debtor to
discharge in full, its outstanding liability ... Act, 1993 , now known as the Recovery of Debts
and Bankruptcy Act, 1993, and hereinafter referred to as the “Debt
Recovery Act”, the SARFAESI Act
Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (SARFAESI Act ) was
issued on 15th June, 2018. As per the demand notice ... aforesaid
amount, an application under Section 14 of the SARFAESI Act was
filed by the petitioner before the Court of the CMM.
3.4 Vide order
Financial Assets and Enforcement of Security
Interest Act, 2002 (for short, “ SARFAESI Act ”) to the Borrowers. It
is the case of the appellant that ... Act.”
13. It was further held that the Rent Act would not come to the aid
of a “tenantinsufferance” visàvis SARFAESI
Assets and Enforcement of Securities
.
Interest Act, 2002 (for short ' SARFAESI Act '), are already pending
adjudication before the competent authority and what ... proceedings
so initiated by the respondents-Bank against him under the SARFAESI
Act .
3. The Hon'ble Supreme Court has strongly deprecated the
tendency
Bankruptcy Act, 1993
(for short " the DRT Act, 1993" hereinafter) read with the provisions
of Sections 13 and 17 of the SARFAESI Act ... Specific Relief Act; claim
for damages under law of torts and Contract Act ; discharge of
guarantee under the Indian Contract Act ; novation of
contract/discharge
Security Interest Act,
Reason:
2
2002 (hereinafter referred to as ‘the SARFAESI Act ’) was
enacted.
3. The present appeals challenge the common
judgment and order ... Bank on 23.5.2011 issued notice
under Section 13(2) of the SARFAESI Act for a liability
Security
Interest (Enforcement) Rules, 2002 (hereinafter referred to as the
‘ SARFAESI Act ’ and the ‘Rules’ respectively).
3. Aggrieved by the said judgment, the present appeals ... recover its dues from the Borrower, strictly in accordance with the
SARFAESI Act and the Rules.
5. Before we delve into the legal aspects
Added Tax Act, 2002 (for short,
MVAT Act, 2002 hereinafter), would be subservient to the provisions
of Section 26-E of the SARFAESI Act ... Bankruptcy Act, 1993 (for short, "the RDB
Act, 1993" hereinafter) and those of Section 26-E of the SARFAESI
Act, both give priority
Enforcement of Security Interests Act, 2002 (hereinafter referred to as
' SARFAESI Act ') demanding payment of `2,62,98,047.72.
The respondent-Bank filed ... application under Section 14 of the
SARFAESI Act before the District Magistrate, Faridabad. On 14.06.2018,
the said application was allowed and the respondent-Bank
