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Tensile Steel Ltd. and anr. Vs. Punjab and Sind Bank and ors.

Court : Gujarat

Subject : SICA

Acts : 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

Reported in : 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 … Neither the above proviso (unlike Sub-rule (3) of Rule 1 of Order XXIII, CPC) nor the Sub-section (10) of Section 13 provides for making application

Shree Rama Multi-tech Ltd. and anr. Vs. Asset Reconstruction Company ( ...

Court : Gujarat

Subject : Civil

Acts : 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

Reported 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), … Shah and Ors. v. Bank of India and Ors. by decision dated 23-6-2005 was pleased to hold that it is not mandatory on part of

D. Srikanth Vs. Industrial Development Bank of India

Court : Andhra Pradesh

Subject : Company

Acts : 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

Reported in : [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 … it has no inherent power which exists in the civil courts. Order XXIII Rule 1(3) CPC states inter alia that where the court is satisfied

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

Subject : Land Acquisition

declassification as a ‘promoter’ of Uttam Galva under Regulation 31A(2) of the Securities and Exchange Board of India 3. Further, as on the Plan Submission … commented on the difference between the opening lines of the said Ordinance as compared with those of the Amendment Act of 2017. The 37 Amendment Act of 2017 brings in “persons acting in concert”. According to the learned … While deciding whether a company was one in which the public were substantially interested within the meaning of Section 23-A of the Income Tax Act, 1922 this Court said: “The test is not whether they have actually acted

Mangalore Stock Exchange Vs. Securities and Exchange Board of India

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Subject : Right to Information

Reported in : (2006)67SCL27SAT

stock exchange.12. Under the SCR Act, 1956 certain additional provisions were introduced with respect to appeal provisions by Securities Laws (Amendment) Ordinance, 2004. Certain orders passed by the Central Government were appealable to the Tribunal under the provisions of … Securities and Exchange Board of India (hereinafter referred to as 'SEBI') dated 31st of August 2004 issued under section 4(4) of the Securities Contracts (Regulation) Act, 1956 (hereinafter referred to as "SCR Act, 1956") read with Government … penalties imposed by the Adjudicating Officer of SEBI are appealable under Section 23-L.13. The catch is that section 23L of SCR Act, 1956 does not

Sri R Ranganatha Vs. Indian Bank

Court : Karnataka

Subject : Land Acquisition

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 … from any person or a pooled investment vehicle as defined in clause (da) of Section 2 of the Securities Contracts (Regulation) Act, 1956,]. by a bank or a financial institution or by a consortium of banks or … loss caused by the defendant to the applicant bank and subsequently on 23.07.2013, the date on which legal notice was issued to defendant at Bangalore

Sri. Ashok Kumar vs the Housing & Urban

Court : Karnataka

alongwith such fee, as may be prescribed,] [Substituted by the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (30 of 2004), Section 10, for "may prefer an appeal" (w.r.e.f. 21.6.2002).] to the Debts Recovery Tribunal having … Avva Developers on the security of the aforesaid property, as regard which the property is one of the securities. HUDCO is entitled to exercise its rights as regard to security. 6.4. The dispute between the petitioners, Sri.Mahesh … title deeds made on 30.11.2007, was subsequent to the interim order dated 23.08.2007, and therefore, it is alleged that the same is in gross violation

Jackson and others (Appellants) Vs. Her Majesty's Attorney General (Re ...

Court : House of Lords

Subject : MRTP

or no constitutional import (the War Crimes Act 1991, the European Parliamentary Elections Act 1999, the Sexual Offences (Amendment) Act 2000 and now the 2004 Act). There are issues here which merit serious and objective thought and study. … declared will of Parliament. It restated the manner and form in which laws may be made in respect of what I will call "delayed Bills", … third of these on 15 May 1911. On 23 May it reached the House of Lords, which … was bound, ultimately, to accept. The threat to create new peers might, in the end, prove enough to secure the Lords' acquiescence, as it did in 1832. But it was seen as a nuclear option. 11. This … Bill." "I certify, in reference to this Bill, that the provisions of section two of the Parliament Act 1911, as amended by section one of

Shiv Kumar Akela, Advocate S/O Late Shri R.D. Ram, Vs. the Registrar, ...

Court : Allahabad

Subject : Civil

Reported in : 2007(2)AWC2011

legal practioners of Allahabad High Court (particularly members of HCBA) to manage the 'BAR' in its pursuit to secure 'Aims & Objects' enshrined under 'Bye Laws' of HCBA, titled HIGH COURT BAR ASSOCIATION RULES (hereinafter called-HCBA Rules). … to issue notice under Section 22 of the Societies Registration Act, 1860 for holding inquiry as contemplated under Section 23 and 24 of the societies Registration Act and after holding inquiry/investigation, further necessary action be taken if so … Rules pertaining to subordinate Courts as well on similar lines. Till such amendments are effected in the statutory rules, it would be in the fitness … 15/20-12-2004 15/20-12-2004 . Annual General Meeting should have been convened in July, 2004-for holding elections to constitute Governing Bod-for 2004-05.12. According to petitioners, Respondent Nos.

Sahir Shah Vs. Bank of India

Court : Kerala

Subject : Civil

Acts : 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)

Reported in : 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 … herein, filed O.A.No. 318 of 2001 before the Debt Recovery Tribunal on 23.11.2001 for realisation of an amount of Rs. 4,81,92,595.74 from the writ petitioners