appropriate for dealing with matters entrusted by sub-section (4) or sub-section (5) or sub-section ... institution in those sub-sections shall be construed as a reference to the arbitral institution designated under sub-section (3A). (13) An application made under
Bengal
Premises Tenancy (Second Amendment) Act. Section 13 of the
original Act was amended by introducing sub-section (3A) in
it. This sub-section prohibits ... period
777
limited by the said new sub-section 3A. Sections 4 and 13
of the Amending Act have to be construed harmoniously
keeping
section (4) of section 13 . In the facts of
the said case, since the bank without complying with the
mandatory requirement under sub-section (3A ... notice under
section 13(2) of the Act does not record reasons as required
under section 13(3A) of the Act can be agitated under
action
under Section 13(4) , after issuance of the notice under Section 13(2) has
been specified and the action under Section 13 ... Bank has not followed the procedures
contemplated under Section 13(2) or under Section 13(3A) or Section 14 ,
the proper course open
under Section 17 of the said Act for challenging any action taken by the
Bank under Section 13(2) or Section 13(3A) stage. Thus ... under Section 17 of the said Act, this
Court is required to take note of provision contained in Section 13(2) , Section
13(3A) , Section
Section 13(4) of the SARFAESI Act is illegal and against the spirit of Legal Services Authorities Act .
Non-compliance of Section 13(3A ... dated 1.2.2010, learned counsel for the Respondent Bank has submitted that Section 13(3A) has been complied with. Drawing our attention to UNITED BANK
demand notice under Sec.13(2) of the
Act. Consequently, the question of the 1st respondent complying with
Sec.13(3A) did not arise ... rights
under sub-section (4). Sub-section (3) of Section 13 requires that the
notice referred in Sub-section (2) should give details
plaintiff is entitled to get?
(7) Is the suit barred under Section 13(3A) of West Bengal Premises Tenancy Act?
7. On the above issues ... suit is not maintainable in view of the provisions of Section 13(3A) of the West Bengal Premises Tenancy Act, 1956.
(3) Whether the partition
said objections under
Section 13(3) of the SARFAESI Act were duly adjudicated under Section
13(3A) of the SARFAESI Act vide reply letter dated ... Sections 13(1) , (2), (3), (3A), (4), Section 14
and Section 17 of the SARFAESI Act as under:-
"13. Enforcement of security interest
petitioner under
section 13(2) of the SARFAESI Act to
which, the petitioner submitted
objections as per Section 13(3A) of the
SARFAESI Act. However ... drastic measures under
Section 13(4) of the SARFAESI Act. It is
in this background that the provisions
of section 13(3A) came
