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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 Act was found to be not only onerous and oppressive but also unreasonable and arbitrary. Thus, Sub-section (2) of Section 17 was held to be violative of Article 14 of the Constitution. In para No. 79
Tag this Judgment! AI Brief & AskGhanta Infrastructures Ltd., a Company Incorporated Under the Provisio ...
Andhra Pradesh
Jan-23-2008
Company
Banking Regulation Act, 1941 - Sections 22 and 22(3); Assam Control Order, 1961; Bombay Tenancy Act, 1939; Company Court Rules, 1959 - Rule 79; Constitution of India - Articles 12, 14, 19(1), 32, 226 and 300A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Enforcement of Security Interest and Recovery of the Debts Laws (Amendment) Act, 2004; Evidence Act, 1872 - Sections 78(2) and 81; Companies Act, 1956 - Sections 4A, 81, 91, 100, 190, 224 to 233, 235 to 351, 391-394, 433, 617, 619 and 643; Companies Act, 1913 - Sections 153; Indian Contract Act, 1872 - Sections 172; Industrial Courts Act, 1919; Industries (Development and Regulation Act, 1951; International Finance Corporation (Status, Immunities and Privileges) Act, 1958; Madras Agriculturalists' Relief Act; Recovery of
2008(2)ALT611
3(3)(h) of the Act has been introduced by the Enforcement of Security Interest and Recovery of the Debts Laws (Amendment) Act 2004. Section 2 of the Act deals with Definitions and Section 2(b) defines 'asset reconstruction' as:Unless the context otherwise requires 'asset … and all the rights of IDBI and ICICI Bank in relation to the financial assets and the underlying securities vested in the ARCIL by other Banks such as S.B.I., Punjab National Bank, State Bank of Hyderabad, State
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
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
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Shree 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 … 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 … 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), … to the respondent-Company. To ensure recovery of such debts, the respondent-Company had issued a notice dated 25-1-2006 under Sub-section (2) of Section 13 of the Act of 2002.2.5 At that stage, the petitioners had approached this Court by
Tag this Judgment! AI Brief & AskPNL Depositors' Welfare Association, Registered No. 94/2005, rep. by S ...
Chennai
Jul-12-2005
SICACivil
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(4), 13(6), 17, 17(1), 37 and 41; Reserve Bank of India Act, 1934 - Sections 45(MC) and 45(QA)(2); Pondicherry Protection of interests of Depositors in Financial Establishments Act, 2004 - Sections 3, 4(1), 5 and 6; Companies Act; Pondicherry Revenue Recovery Act, 1970; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15(1); Industrial Disputes Act, 1947 - Sections 25FF; Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Constitution of India - Articles 21 and 226; Security Interest (Enforcement) Rules, 2002 - Rules 8, 9 and 9(3)
2005(4)CTC469; [2005]64SCL115(Mad)
refer to Sections 13(4) and (6) as amended by the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004, which reads as under:'13(4). In case the borrower fails to discharge his liability in full within the period … (Petitioner in W.P. No. 10077 of 2005) (hereinafter referred to as 'Indian Bank') under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, 'SARFAESI Act').2. W.P. No. … respondents, namely, New Horizons Sugar Mills Limited, to exercise their discretion under Section 13(4)(c) and 13(4)(b) of the SARFAESI Act, instead of straight away initiating
Tag this Judgment! AI Brief & AskWardhaman Samjibhai Dharamsi and anr. Vs. Bank of Maharashtra
Mumbai
Aug-11-2005
Banking
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 13, 13(2), 13(4), 13(10), 17, 22(1), 22(2), 34, 35, 36, 37 and 37(2); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19, 19(1) and 34; State Financial Corporations Act, 1951 - Sections 29 and 31; Limitation Act, 1963; Recovery of Debts Laws (Amendment) Act, 2004; Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972; Code of Civil Procedure (CPC)
2006(2)ALLMR218; 2006(1)BomCR394
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 … be in addition to, and not in derogation of, the Companies Act, 1956 (1 of the 1956), the Securities Contracts (Regulation) Act, 1956 (42 of 1956), the Securities and Exchange Board of India Act, 1992 (15 of … alleged loan to petitioner No. 2, the respondent bank issued notice under Section 13(2) of the Securitisation Act dated 21-7-2004. By the notice the petitioners
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 … Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (for short, the Act), even after obtaining a recovery certificate from the
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
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 … 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 … ORDER, 2004. (ii) It shall come into force at once.2. Definition. - Debts Recovery … 1993 means the Debts Recovery Tribunal (Procedure) Rules, 1993 made under Section 9 read with Clause (e) of sub-section (2) of Section 36 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.3. Fee for
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 … of 2002 empowers a borrower to make a representation or raise any objection against the notice issued under Sub-section (2) of said Section 13. The said sub-section also makes it obligatory upon the secured creditors to consider such … 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
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