order before the Debts Recovery Appellate Tribunal under Section
18 of the SARFAESI Act, 2002 and the petition filed by the
respondent borrowers directly ... August, 2019 was an
appealable order under Section 18 of the SARFAESI Act, 2002 and
in the ordinary course of business, the borrowers/person
possession etc.
With regard to Section 13(1) , this Court observed that
Section 13(1) of SARFAESI Act, 2002 gives a free hand ... SARFAESI Act .”
13. This Court further observed that the provision
contained in Section 13(8) of the SARFAESI Act, 2002 is
specifically
SARFAESI
Act, 2002 . The Division Bench construed Section 14 of the Act by getting aid
from Section ... Financial Institutions Act, 1993 (51 of 1993)."
Section 35 of the Act states that the provisions of the SARFAESI Act, 2002 ,
should override
2002, further, notice was issued to RIL
under section 13(4) of SARFAESI Act, 2002.
7. In light of the section 13(4) notice ... RDBA Act, 1993, by way of Section 31B [notified
w.e.f. 01.09.2016] and insertion of Section 26E in the
SARFAESI Act
Act 1 of 2013, Section 14 (1A) has
been inserted by which now, while exercising the powers
under Section 14 of the SARFAESI Act ... secured creditor in terms of Section 14(1)
read with Section 14(2) of the SARFAESI Act. As noted
earlier, Section 14
possession
etc. With regard to Section 13(1) , this Court observed that Section
13(1) of SARFAESI Act, 2002 gives a free hand ... SARFAESI Act .”
13. This Court further observed that the provision contained in
Section 13(8) of the SARFAESI Act, 2002 is specifically
SARFAESI Act hinges upon Section 13 of the SARFAESI Act and it cannot be read in isolation and moreover, Section 14 ... Section 17 of the Act.
24. Section 31 of the SARFAESI Act specifically excludes certain cases from the application of the SARFAESI Act
under section 14 though amount to measures taken under section 13(4) of the
Act, in view of sub-section (3) of section 14 such ... secured assets is contained in Section 13(4) of the
Act and Section 14 of the Act merely contains a provision to facilitate
the secured
initiated by the Respondent
Bank under Section 13 (2) and (4) of the SARFAESI Act and Rules,
2002 against the schedule properties,
viii) Direct ... that
the definition clauses in the SARFAESI Act clearly convey the
legislative intent that the SARFAESI Act applies to all existing
agreements, irrespective
SARFAESI Act, 2002 was not necessary. That the
legislature amended Section 14 to introduce Sub-Section (1A) to
Section 14 amply demonstrated, according ... Act,
2002. Harun Ali Mallick (supra) was decided prior to the
introduction of Sub-Section (1A) to Section 14 of the SARFAESI Act
