M/S.Anandram Developers Private ... vs The National Company Law Tribunal on 17 November, 2017
alongwith the underlying securities in favour ofInternational Asset Reconstruction Company Private Limited acting in its capacity as the Trustee of the IARF-1 Trust Scheme ... Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (" SARFAESI Act ") calling upon you Noticees to repay the amount
were
commenced under Section 13(4) of the Securitization and Asset
Reconstruction of Financial Security Interest Act, 2002 and have taken
over symbolic possession
deposited under this section.
(3) Save as otherwise provided in this Act, the Debts Recovery Tribunal shall, as far as may be, dispose ... SARFAESI Act, 2002 (Act 54 of 2002) and held that some writ petitions were filed in different High Courts on promulgation of Securitization and Reconstruction
Section 2(c) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, "bank" means, a multi-state ... invoke the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 .
11. The bank has decided to invoke
sell
them without the intervention of the Court. Acting on these suggestions,
The Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Ordinance ... compliance - under - Section 14 of the Securitization
and Reconstruction of Financial Assets and Enforcement
of Security Interest (SARFAESI) Act 2002 -
Instructions issued
under Section 13(2) of the Securitization and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002.
1. You had approached ... under Section 13(2) of the
Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002. Please also note that
upon failure
seek their remedy in terms of DRT Act, 1993 can still invoke the NPA Act, 2002 for realizing the secured assets without withdrawing or abandoning ... Section 17(1) of the NPA Act in the absence of any rule framed under the said Act
16. In the above well celebrated Judgment
power conferred by Section 9 of the Indian Stamp Act notifying that
instruments of securitization of loan or assignment of debts chargeable under Article ... securitization nor an
asset reconstruction company and was not registered with the Reserve Bank of India as required by
Section 3 of SARFAESI Act
provisions of the Act cannot be said to be unconstitutional in view of the fact that the object of the Act is to achieve speedier ... clear that while enacting the SARFAESI Act the legislature was concerned with measures to regulate securitization and reconstruction of financial assets and enforcement of security