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
Notice under Section
13(2) of the Act and the notice under Section 13(4) , notice of date of
possession under Section 13 ... Financial Creditor' under Section 13(2) or
Section 13(4) of the ' SARFAESI Act, 2002 ' cannot be termed to be a civil
decision and thereafter proceed under sub-
section (4) of Section 13 . Section 17 of the Securitization
Act confers a right of appeal before the Debts ... this appeal and quash the impugned
notice under Section 13(2) and 13(4) of SARFAESI Act issued
by the bank.
No order
under Section 17 of the SARFAESI Act, 2002.
He referred to Section 36 of the SARFAESI Act, 2002. He
submitted that, the Limitation Act ... Limitation Act, 1963 to an appeal under Section 18 of the
SARFAESI Act, 2002 or not.
Section 18 of the SARFAESI Act
under Section 17 of the SARFAESI
Act after 45 days of the impugned measures referred to in sub
section (4) of Section 13 ... further clear from section 36 of the SARFAESI
Act, which confines the applicability of the Limitation Act
to measures under section 13
proceeding under Section 18 of the SARFAESI Act.
(ii) The exclusion of the Limitation Act should be specific. The SARFAESI Act does not contain such ... taken by the Bank under sub-section (4) of Section 13 of the Act. Section 17 of the Act prescribes a time limit of forty
Financial Creditor' can exercise its power under Section 13 of
the SARFAESI Act, 2002 which is required to issue Demand Notice under
Section 13 ... Financial Creditor' under Section 13(2) or
Section 13(4) of the ' SARFAESI Act, 2002 ' cannot be termed to be a civil
DRAT
issued a demand notice dated 10.07.2013 U/s 13 (2)
of the SARFAESI Act, 2002 for an aggregate ... under
Section 13(2) of the SARFAESI Act. The question
which arose before the Court was whether the
invocation of the SARFAESI Act , being beyond
Since Section 13 (1) excludes the application of Sections 69 and 69-A of the Transfer of Property Act and also since Sections 13 ... SARFAESI Act, created new rights in favour of the Banks de hors Sections 69 and 69-A of the Transfer of Property Act, Section 13
SARFAESI ACT/RDDB ACT:- The last submission made
by the learned counsel for the petitioners is that Act 54 of
2002 and the SARFAESI Act ... been created without the intervention of the
Court. Section 13 of the SARFAESI Act and in particular
section 13(4) of the SARFAESI Act
