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Kalyani Sales Company and anr. Vs. Union of India (Uoi) and anr.
Punjab and Haryana
Dec-08-2005
Banking
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 3(1), 13(2), 13(4), 13(8), 13(10), 14, 17, 17(1), 17(2), 17(6), 17(7), 18A, 18(1), 19, 19(1), 19(2), 19(8), 19(25), 31, 34, 35, 37, 38(2), 40 and 40(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - 1(4), 2, 3, 3(1), 13(2), 13(4), 17, 19, 19(1) and 31; Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 - Sections 10, 12, 17 and 18; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2000; Information Technology Act, 2000 - Sections 2; Court Fees Act, 1870 - Sections 7; State Financial Corporation Act, 1951 - Sections 29 and 31; Industrial Disputes Act, 1947
AIR2006P& H107; I(2006)BC1; (2006)142PLR1; [2006]70SCL177(Punj& Har)
of the Act. The said ordinance was replaced by the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (Act No.30 of 2004) (hereinafter to be referred as 'the Amending Act').In Mardia Chemicals Limited's case (supra), while … enacted to empower the banks and financial institutions to take possession of securities and sell them. The validity of the RDB Act was upheld by … of the amount of debt of more than Rs.1 lac and less than Rs.10 lacs in terms of Section 1(4) of the RDB Act, if notified by the Central Government. Since there is no notification constituting the Tribunal
Tag this Judgment! AI Brief & AskSahir Shah Vs. Bank of India
Kerala
Jun-23-2005
Civil
Securitisation and Reconstruction Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 3, 13, 13B, 13(2), 13(4), 17 and 37; Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 17 and 19; Enforcement of Security Interests and Recovery of Debts Laws Amendment Act, 2004 - Sections 19 and 19(1); Securitisation and Reconstruction Financial Assets and Enforcement of Security Interest Rules, 2004 - Rule 9 and 9(1)
AIR2006Ker42; II(2006)BC386; [2007]138CompCas745(Ker); 2006(1)KLT161; [2006]66SCL14(Ker)
the insertion of the proviso to Section 19 of the Enforcement of Security Interests and Recovery of Debts Laws Amendment Act, 2004, is the question that has come up for consideration in this case.2. Bank of India, respondent herein, filed … a pre requisite for a Bank or Financial Institution to invoke the provisions of Section 13B of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'Securitisation Act') after the … for a Bank or Financial Institution to invoke the provisions of Section 13B of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security
Tag this Judgment! AI Brief & AskShree Rama Multi-tech Ltd. and anr. Vs. Asset Reconstruction Company ( ...
Gujarat
Aug-22-2006
Civil
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 2(1), 3, 13, 13(1), 13(2), 13(3A), 13(4), 13(5), 13(6), 13(8), 13(9), 13(10), 17, 17(1), 17(2), 17A, 18, 19, 31, 34, 35, 36 and 37; Companies Act, 1956; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 17, 17(1), 19, 19(1), 19(15), 22 and 24; Enforcement of Security Interest and Recovery of Debt Laws (Amendment) Act, 2004 - Sections 10; Transfer of Properly Act, 1882 - Sections 69 and 69A; Limitation Act, 1963; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 8 - Order 23, Rule 1, 1(1), 1(3) and 1(4) - Order 32, Rules 1 to 14 ; In
(2007)2GLR1230
it, withdraw the application, whether made before or after the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 for the purpose of taking action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security … has since being substituted by the term 'application' by virtue of Section 10(a)(i) of the Amending Act of 2004. Section 17 of the Act of 2002 reads as follows:17. Right to appeal :- (1) Any person (including borrower), … respondent-Company acquired under various agreements, financial assistances -- together with all underlined securities and interest -- in the petitioner No. 1-Company.2.4 It is virtually undisputed
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
V.K. Sekhar Vs. Indian Bank, Greamset Branch and anr.
Andhra Pradesh
Sep-28-2006
BankingCivil
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2), 13(3A), 13(4), 17(1), 31, 35 and 37; Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 2, 19 and 19(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Code of Civil Procedure (CPC) , 1908 - Sections 60(1); Constitution of India - Article 226
2006(6)ALD778
cause of action, wholly or in part, arises.(2)...11. Under the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (for short, 'the Amendment Act, 2004), Section 19 of the RDB Act, 1993 was amended with effect from … shows that it is specifically aimed at empowering the Banks and Financial Institutions to take possession of the securities given for financial assistance and sell the same for recovery of the dues declared as NPAs without the … writ petition is filed seeking a declaration that the Auction Notice dated 16-1-2006 issued by the 1st respondent Bank proposing to sell the properties belonging
Tag this Judgment! AI Brief & AskStan Commodities Pvt. Ltd. Through Its Managing Director, Pawan Kumar ...
Jharkhand
Jun-27-2008
Banking
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 13, 13(1), 13(2), 13(3), 13(3A) and 13(4); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19; Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Transfer of Property Act, 1882 - Sections 69 and 69A; Companies Act, 1956 - Sections 529(1) and 529A; Non-Performing Assets Act, 2002; Debts Recovery Tribunal Act, 1993 - Sections 17 and 17A; Constitution of India - Article 14
AIR2009Jhar14; 2008(56)BLJR2914; [2008(4)JCR162(Jhr)]
it, withdraw the application, whether made before or after the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 for the purpose of taking action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security … was served with a notice dated 29.11.04 (Annexure-8) from the respondents-Bank purportedly sent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the said … a notice dated 29.11.04 (Annexure-8) from the respondents-Bank purportedly sent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security
Tag this Judgment! AI Brief & AskTensile Steel Ltd. and anr. Vs. Punjab and Sind Bank and ors.
Gujarat
May-01-2006
SICA
Companies Act, 1956; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 5(1), 13, 13(2), 13(3A), 13(4), 13(10), 14, 17, 35, 37 and 41; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19, 19(1), 19(15) and 24; Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Limitation Act, 1963; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 15(1), 22, 22(1) and 22(5); Code of Civil Procedure (CPC) - Order 23, Rule 1(3); Constitution of India - Article 226
AIR2007Guj126; [2007]139CompCas359(Guj); [2007]79SCL570(Guj)
it, withdraw the application, whether made before or after the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 for the purpose of taking action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security … to the Company. The Company challenges the action of the Bank in initiating the recovery proceeding under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as. 'the Act … order of the District Magistrate, Vadodara made on 4th January, 2005 under Section 14 of the Act of 2002.3. Mrs. Mehta has submitted that, the … petitioners before this Court are a company incorporated under the Companies Act, 1956 and one another (hereinafter referred to as 'the Company'), the borrowers in
Tag this Judgment! AI Brief & AskD. Srikanth Vs. Industrial Development Bank of India
Andhra Pradesh
Mar-16-2007
Company
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 5, 5(2), 5(4), 13, 13(1), 13(2), 13(4), 13(10), 31, 35 and 37; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19(1); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15(1); Transfer of Property Act, 1882 - Sections 69 and 69A; Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; National Prosecuting Authority Act - Sections 13; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2004; Code of Civil Procedure (CPC) - Order 23, Rules 1(3), 1(1)(4), 2 and 3
[2007]79SCL511(AP)
withdraw the application whether made before or after the enforcement of the Security Interest and Recovery of Debts Laws (Amendment) Act, 2004, with the permission of the DRT, for the purpose of taking action under the Act. On 8-1-2005 the … 1st respondent-bank. He assails a letter dated 9-3-2007 issued by the 2nd respondent, invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act'), in respect … place, as yet.3. On 30-8-2006, the 2nd respondent issued a notice under Section 13(2) of the Act to the petitioner, intimating that under an agreement
Tag this Judgment! AI Brief & AskSolaris System Pvt. Ltd. Vs. Oriental Bank of Commerce
Kerala
Dec-02-2005
Banking
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2) and 14; Code of Criminal Procedure (CrPC) - Sections 8, 12, 17 and 482; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19 and 19(1); Transfer of Property Act, 1882 - Sections 69, 69A, 69(2) and 69(4); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Securities and Exchange Board of India Act, 1992; Companies Act, 1956 - Sections 37; Securities Contracts (Regulation) Act, 1956
IV(2006)BC536; 2006(3)KLT121; [2006]72SCL168(Ker)
it, withdraw the application, whether made before or after the Enforcement of Security. Interest and Recovery of Debts Laws (Amendment) Act, 2004 for the purpose of taking action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security … shall be in addition to and not in derogation of the Companies Act 1956 (1 of 1956), the Securities Contracts (Regulation) Act 1956 (42 of 1956), the Securities and Exchange Board of India Act, 1992 (15 of … a secured creditor enforce a security interest invoking the provisions contained under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of
Tag this Judgment! AI Brief & AskA. Venkatramani Vs. Lic Housing Finance Limited, Rep. by Its Authorise ...
Chennai
Sep-28-2006
Commercial
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(3), 13(4), 14(1) 17, 35, 36 and 37; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Exchange Board of India Act, 1992; State Financial Corporation Act, 1963 - Sections 3, 29 and 31; Maharashtra Cooperatives Societies Act, 1960 - Sections 101; Transfer of Property Act - Sections 55(1); Limitation Act, 1963 - Sections 62; Constitution of India - Article 226
[2007]135CompCas514(Mad); [2007]78SCL222(Mad)
it, withdraw the application, whether made before or after the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 for the purpose of taking action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security … shall be in addition to, and not in derogation of, the Companies Act, 1956 (1 of 1956), the Securities Contracts (Regulation) Act, 1956 (42 of 1956), the Securities and Exchange Board of India Act, 1992 (15 of … challenging the Demand Notices issued by the' ' financial institutions ' 'under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of
Tag this Judgment! AI Brief & AskTranscore Vs. Union of India (Uoi) and anr.
Supreme Court of India
Nov-29-2006
Banking
Debts Recovery Tribunals Act, 1993 - Sections 2, 3(1), 17, 19, 19(1), 19(6), 19(7), 19(8), 19(12), 19(13), 19(18), 19(19), 19(25), 20, 21, 24, 25, 28 and 29; Debts Recovery Tribunals (Amendment) Act, 2004 - Sections 5A, 13(3A) and 17(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 5, 5A, 6, 9, 10, 11, 12, 13, 13(1), 13(2), 13(3), 13(3A), 13(4), 13(4A), 13(6), 13(7), 13(8), 13(9), 13(10), 13(11), 13(13), 14, 17, 17(1), 17(2), 17(3), 17(4), 18, 18(1), 22, 31, 35, 36, 37, 40 and 40(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Transfer of Property Act, 1882 - Sections 69 and 69A; State Financial Corporations Act, 1951 - Sections 29 and 31; Limitation Act, 1963; Companies
AIR2007SC712; 2007(1)ALD109(SC); I(2007)BC33(SC); [2007]135CompCas1(SC); (2007)1CompLJ1(SC); 2006(5)CTC753; 135(2006)DLT151(SC); (2007)1MLJ929(SC); 2006(12)SCALE585; (2008)
were not repealed by the Indian Income-tax Act but by the Taxation Laws (Extension to Merged States and Amendment) Act 67 of 1949. Owing to this, the depreciation actually allowed under the laws of the merged States could … is concerned, includes mortgage, charge, hypothecation etc. except those specified in Section 31 which excludes ten types of securities from the purview of NPA Act. He submitted that the NPA Act is the special Act whose provisions … ORDER, 2004. (ii) It shall come into force at once.2. Definition. - Debts Recovery … come into force at once.2. Definition. - Debts Recovery Tribunal (Procedure) Rules, 1993 means the Debts Recovery Tribunal (Procedure) Rules, 1993 made under Section 9
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