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Sahir 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
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 … one week. But instead thereof the Bank moved the Debts Recovery Tribunal for recovery of their claims under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the … 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
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 … 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 … said civil suits, the Banks could not proceed under the provisions of the SARFAESI Act; that as per Section 19(1) of the Act 51 of 1993, before taking any action under the SARFAESI Act, the Banks should apply
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Tensile 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 … Mehta has relied upon Sub-section (3-A) of Section 13 of the Act of 2002 and the proviso to Section 19 of the Act of 1993. She has relied upon the judgments of the Hon'ble Supreme Court in the … 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
Tag this Judgment! AI Brief & AskV.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
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 11.11.2004 by inserting the following provisos after Sub-section … 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
Tag this Judgment! AI Brief & AskBhishma N. Thakore Vs. Dena Bank
Gujarat
May-01-2006
CompanySICA
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 5(1), 13, 13(2), 13(4), 13(3A), 13(10), 35, 37 and 41; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19, 19(1), 19(15) and 24; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 15(1), 22 and 22(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Limitation Act, 1963; Constitution of India - Article 226; Code of Civil Procedure (CPC) - Order 23, Rule 1(3)
[2007]80SCL44(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 invoke its right under the Act of 2002.8. To examine this issue, one has to refer to Section 19 of the Act of 1993. Section 19 of the Act of 1993 provides, inter alia, for application to … issuing notice for remittance of its dues under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
Tag this Judgment! AI Brief & AskKamaldeep Synthetic Ltd., by Managing Director V. Nandakumar Vs. Indus ...
Chennai
Sep-08-2006
Banking
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19 and 19(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2), 13(4), 13(10), 17, 17(2), 29, 31, 32, 34, 35 and 36; Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Limitation Act, 1963; State Financial Corporation Act - Sections 3 and 31; Constitution of India - Article 226
[2007]139CompCas52(Mad); (2007)1CompLJ190(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 … as Premium.(b) The LOI signed between the parties has not vested any right on the respondent to invoke Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993) (hereinafter … members, but also vetted and approved the names of independent Directors, thereby securing majority for its nominee and independent Directors, effectively and factually interfered in
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 … 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 … itself, The second contention is that the Debt Recovery Tribunal having passed a final order against him under Section 19 of the RDDB Act, the Bank could not have sought the assistance of the court in enforcing the
Tag this Judgment! AI Brief & AskAsset Reconstruction Company (India) Limited Rep. by Its Vice Presiden ...
Chennai
Apr-18-2006
Company
Securitisation and Re-construction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 3, 5, 5(1), 9, 13, 13(2), 13(4), 13(9), 20(4), 34, 35, 37 and 39; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1), 15, 20(1) and 20(4); Companies Act, 1956 - Sections 424A, 442, 446, 456, 457, 457(1), 457(2), 529, 529A, 529(1), 530 and 537; Transfer of Property Act, 1882 - Sections 69 and 69A; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 17(2), 17A and 19(19); State Financial Corporations Act, 1951 - Sections 29 and 31; Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Ordinance, 2004
[2006]134CompCas267(Mad); 2006(3)CTC529; (2006)2MLJ822; [2006]72SCL18(Mad)
for revival and rehabilitation submitted before the commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Ordinance, 2004, such a reference shall abate if the secured creditors representing three fourth in value of the … before the DRT its only remedy is to approach the Company Court for proper directions for realizing its securities. In such a case, the Assets Reconstruction Company has no locus standi even to apply for being appointed … the Securitisation and Re-construction of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to for brevity's sake as 'Securitisation Act', is entitled … and was declared as a sick industrial company within the meaning of Section 3(1)(o) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter called … of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter called SICA) by order dated 09.07.2002. Attempts
Tag this Judgment! AI Brief & AskDtm Construction Pvt. Ltd. and anr. Vs. United Bank of India and ors.
Kolkata
Sep-21-2006
Banking
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 19; ;Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(4) and 17; ;Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004
2007(1)CHN254
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 … is submitted that the funds of the company being constantly diverted, the securities in the bank account were found grossly inadequate to meet the claim … passed in haste, Mr. Basak has contended that in view of the provision contained in the proviso to Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Banks or the Financial
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