Act on the schedule lands which are
coffee plantations as under Section 31(i) of the said Act,
-: 12 :-
they, being agricultural lands, the Act ... 31(i) of the SARFAESI Act, the provisions of the Act would
not apply to agricultural lands. Thus, the provisions of the
said Act would
Act, 2002 (for short
" SARFAESI Act ") by putting the agricultural land of the
petitioner to sale in clear violation of Section 31 ... competent authority/Court and secondly the
provisions of Section 31(i) of the SARFAESI Act are not
attractable in the instant case and, therefore
under SARFAESI Act is without jurisdiction
inasmuch as Land A is agricultural land thereby falling outside the
purview of SARFAESI Act under Section 31 ... properties, they are exempted from the
SARFAESI proceeding as per the Sec. 31(i) of the SARFAESI
Act 2002.
25. Admittedly, the Application filed under
notice
under Section 13(2) of the SARFAESI Act, the second respondent issued
possession notice under Section 13(4) of SARFAESI Act dated ... 31 and
31(j) of the SARFAESI Act.
“31.Provisions of this Act not to apply in certain
cases:- The provisions of this Act shall
notice
under Section 13(2) of the SARFAESI Act, the second respondent issued
possession notice under Section 13(4) of SARFAESI Act dated ... 31 and
31(j) of the SARFAESI Act.
“31.Provisions of this Act not to apply in certain
cases:- The provisions of this Act shall
reproduce Section 31(e) of the SARFAESI Act, which reads as follows:-
"31. Provisions of this Act not to apply in certain cases ... those specified in section 31 ."
22. A conjoint reading of Sections 31(e) and 2(zf) of the SARFAESI Act would show that only
Section 281 of the Income Tax Act
and its input vis-a-vis Section 26 E of the SARFAESI Act and Section 31 ... operation of Section 281 of the Income
Tax Act vis-a-vis Section 26 E of the SARFAESI Act and Section 31
exempt under Section 31 (i)
of the SARFAESI Act; and the respondent Bank could not invoke the
provisions of the SARFAESI Act to proceed against ... Act, 1993 (for short 'RDDB Act'),
that would not disable them from proceeding against the petitioners
under the SARFAESI Act also. Section
Section 14 of the
SARFAESI Act needs only to verify from the bank or financial institution
whether notice under Section 13(2) of SARFAESI Act ... approaching the District Magistrate for an order under Section 14 of the
SARFAESI Act whether Section 31 of the SARFAESI Act excludes
application of Sections
exempted under Section 70 of
the Land Reforms Act, 1961. Feeding the grant by estoppel under Section
43 of the TP Act shall become applicable ... favour of the
petitioners is protected by law under Section 31(1) of the SARFAESI Act.
The agricultural land exemption is not applicable
