Delhi High
Court, challenge to Section 13(2) and measures under Section
13(4) of the SARFAESI Act were repealed and petition filed ... case, challenge to notice under Section 13(2) and measures
taken under Section 13(4) of the SARFAESI Act is no longer
maintainable
Appellant to Respondent-Bank regarding redemption in
terms of Section 13(8) of SARFAESI Act either before amendment or after
the amendment. It has been ... section 14 of the
SARFAESI Act, 2002.
It appears that order passed under section 14 of the
SARFAESI Act, 2002 is appealable under section
transaction violating said Section can be treated as void transaction.
10. The language of Section 13 sub Section (13) of SARFAESI Act
would indicate that ... after receipt of 13(2) notice, is permissible. Therefore, the bar
created by Section 13 sub Section (13) of SARFAESI Act is not an
absolute
transaction violating said Section can be treated as void transaction.
10. The language of Section 13 sub Section (13) of SARFAESI Act
would indicate that ... after receipt of 13(2) notice, is permissible. Therefore, the bar
created by Section 13 sub Section (13) of SARFAESI Act is not an
absolute
issued on November 11, 2017. As per Section
36 of the SARFAESI Act, steps under Section 13(4) should be taken within the
period ... measures taken by the bank under
Section 13(2) and 13(4) of the SARFAESI Act, were actions taken to recover a
money claim
order passed under Section 14 of the SARFAESI Act can only be challenged in proceedings under Section 17 of the SARFAESI Act. The present writ ... provisions of Section 13(13) would stand breached. The contention that the statutory restraint engrafted in Section 13(13) of the SARFAESI Act operates only
withdrawn the application filed under Section 14 of SARFAESI
Act. The word contemplated in Section 14 of SARFAESI Act is
11
also ... referred to in section 32 would take in
the measures provided under Sub- section 4 of Section 13 of
SARFAESI Act. Consequently, if any aggrieved
Section 13 (4) of
the SARFAESI Act.
8. The petitioner-Bank made application under Section 14 of
the SARFAESI Act, on 10.01.2018, wherebys the respondent ... Central Registry under Section 26-D of the SARFAESI Act.
Subsequently, a 2nd application under Section 14 of the SARFAESI
Act was moved
representation to the show-cause notice issued under
Section 13(2) of the SARFAESI Act is not considered in
terms of Section 13 ... bank has initiated recovery
proceedings by having recourse to Section 13 of the
SARFAESI Act. Petitioners on receipt of notice under
Section 13
issued by Defendant No.1 under Section 13(2) and
under Section 13(4) of the SARFAESI Act respectively be declared void ab
initio ... issuance of
notices to him under Section 13 (2) and Section 13 (4) of the SARFAESI
Act, he should have approached the DRT under Section
