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Enforcement of Security Interest Act, 2002 (for short `the SARFAESI Act'), which can be termed as one of the most ... Courts or Tribunals. 3. Section 13 of the SARFAESI Act contains detailed mechanism for enforcement of security interest. Sub-section
Supreme Court of India
- Cites 46 - Cited by 208 - Full Document
Security Interest Act, 2002 (hereinafter referred to as `the SARFAESI Act') and issued separate demand notices to the respondent partnership ... Bank, as also the vires of the SARFAESI Act, were challenged 3 by the respondent partnership firm and its sister
Supreme Court of India
- Cites 9 - Cited by 17 - ________________J. - Full Document
Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) even though the BIFR had recommended the winding ... Petitioner Company under Section 13(2) of the SARFAESI Act, 2002, for a sum of Rs.1139.75 crores
Supreme Court of India
- Cites 7 - Cited by 8 - A Kabir - Full Document
instituted for a declaration that the provisions of the SARFAESI Act do not apply to the security interest created ... hence all the proceedings instituted by the Bank under SARFAESI Act will be void ab-initio. Apart from these
Madras High Court
- Cites 21 - Cited by 3 - Full Document
view of the bar under Section 34 of the SARFAESI Act. 2. The first respondent/plaintiff filed the suit ... Bank and action was taken under the SARFAESI Act and notice under Section 13(2) of the said
Madras High Court
- Cites 5 - Cited by 80 - Full Document
Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI Act" for short) because ... permit banks to assign debts; that the SARFAESI Act is an exclusive Act for assignment of debts and that
Supreme Court of India
- Cites 49 - Cited by 10 - S H Kapadia - Full Document
pass appropriate order in accordance with Section 14 of SARFAESI Act and take possession of the secured assets and hand ... Enforcement of Security Interest Act, 2002 (hereinafter called as SARFAESI Act). As the learned Chief Judicial Magistrate, Tiruchirappalli had dismissed
Madras High Court
- Cites 20 - Cited by 6 - Full Document
file an appeal before the Tribunal as provided under SARFAESI Act and therefore, when there is an effective alternative remedy ... available under SARFAESI Act, the writ petitions themselves are not maintainable. 4.3. The next submission of the learned senior counsel
Madras High Court
- Cites 29 - Cited by 6 - Full Document
Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), for recovery of loan amounts due under a loan ... entertain a challenge against the proceedings under the SARFAESI Act. The petitioner therefore seeks the following reliefs
Kerala High Court
- Cites 25 - Cited by 4 - Full Document
action of the first respondent in proceeding under the SARFAESI Act (hereinafter referred to as 'the Act') and confirming ... arbitrary, illegal, unconstitutional and ultra vires the provisions of SARFAESI Act and Security Interest (Enforcement) Rules, 2002. 2. Bereft
Madras High Court
- Cites 9 - Cited by 4 - Full Document
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