terms of the amended provisions of Section 13(8) of the
SARFAESI Act, the right of redemption given to the borrower would
expire upon publication ... recent times. Act No.44 of
2016 brought in certain amendments to the SARFAESI Act with effect from
01.09.2016. Significantly, Section 13
remedies. The object behind Section 13 of the NPA Act
and Section 17 r/w Section 19 of the DRT Act is the same,
namely ... section 13 of the
SARFAESI Act read with the explanation to sub-section (1) of section
17 of the SARFAESI Act, it is crystal clear
section 13(2)
notice but also interest accrued thereon till the date of
filing of the appeal under section 18 of the
SARFAESI Act ... notice under section 13(2) and before the appeal
is filed in the DRAT under section 18 of the
SARFAESI Act, if the borrower
13(9)
of the SARFAESI Act being special Act vis-a-vis Companies Act the
winding up proceedings are of no consequence and cannot act ... Act and its provisions have been specifically referred to in
the SARFAESI Act by the legislature while passing the SARFAESI Act
and when SARFAESI Act
measures mentioned in Section 13 of the
said Act. Sub-section (13) of Section 13 of the SARFAESI
Act, however, provides that after receipt ... 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
creditor in
accordance with the provisions of the SARFAESI Act .
Sub-section (8) of Section 13 prior to its substitution was
as follows ... moot question is whether sub-section (8) of
Section 13 of the SARFAESI Act can restrain the secured
creditor from realising the outstanding dues from
Tribunal under Sub-Section (1) of Section 17 of the
SARFAESI Act.
27 Reverting back to Sub-Section (3A) of Section 13 of the
SARFAESI ... Section 13 of the SARFAESI Act read with the Explanation to
Sub-Section (1) of Section 17 of the SARFAESI Act, it is crystal
clear
Tribunal under Sub-Section (1) of Section 17 of the
SARFAESI Act.
27 Reverting back to Sub-Section (3A) of Section 13 of the
SARFAESI ... Section 13 of the SARFAESI Act read with the Explanation to
Sub-Section (1) of Section 17 of the SARFAESI Act, it is crystal
clear
action under Section 13(4) is legally and validly taken as per the provisions of Section 13(4) of the SARFAESI Act, then even ... under Section 13(4) of the SARFAESI Act.
14(a). As far as simultaneous proceedings under RDDB and FI Act and SARFAESI Act are concerned
Section 17 of the Registration
Act. As per Section 28 of the Registration Act,
every document referred to in Section 17 of the
said Act ... 2011 CAV JUDGMENT
section (4) of section 13 of that Act. "
4.10 Then, he referred to Section 20(1) of
SIC Act which provides
