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Mathew Cyriac, vs India Bulls Housing Finance Limited.,

Court : Kerala

in this behalf.7. The petitioners being aggrieved persons are requiredto file application as prescribed by Rule 12 of Security Interest (Enforcement) Rules 2002 ('Rules 2002' for short) read with Appendix VI. Sl. No.4 deals with limitation. The application is filed in … by 1st respondent, on 20.06.2018, filed S.A. before the DRT-2, Ernakulam. The application is numbered as AORG No. 10 of 2018. Section 17(1) under which application is filed reads as follows: “17. Right to appeal (1) Any

Axis Bank Vs. Sbs Organics Pvt. Ltd and Anr.

Court : Supreme Court of India

Subject : Land Acquisition

the Bank. Reference is also made to Section 13(10) of the SARFAESI Act and Rule 11 of The Security Interest (Enforcement) Rules, 2002, which read as follows:“13(10) Where dues of the secured creditor are not fully satisfied with the sale proceeds … section 13 of the Act shall be presented to the Debts Recovery Tribunal in the form annexed as Appendix VI to these rules by the authorised officer or his agent or by a duly authorised legal practitioner,

Lakshmi Mohan Vs. Airtech Projects Engineers Pvt. Ltd.

Court : Chennai

Subject : Land Acquisition

to the valuation done on 14.10.2008. Thus, there was a failure to comply with Rule 8(5) of the Security Interest (Enforcement) Rules, 2002 and the Bank had proceeded to sell the property in contravention of Rule 8(5) of the Rules. There … the Authorised Officer takes possession of the secured asset, he shall deliver the possession notice prepared as per Appendix IV to the Rule to the borrower One of the modes specified on the service of notice is

Abdul Jabbar K.Z vs the Kasaragod Co-Operative Town Bank Limited

Court : Kerala

provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Security Interest (Enforcement) Rules, 2002 and issued Exts.P1 and P2 notices.4. The petitioner states that he is still in a position toclear the … POSSESSION NOTICE UNDER RULE 8(1) OF SECURITY INTEREST( ENFORCEMENT) RULES 2002 DATED 10.11.2022 ISSUED BY THE RESPONDENT Exhibit P2 A TRUE COPY OF THE NOTICE … directed above, coercive proceedings, if any, against the petitioner shall stand deferred. Sd/- N. NAGARESH JUDGE ams :7: APPENDIX OF WP(C) 40486/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE POSSESSION NOTICE UNDER RULE 8(1) OF

Aswin Bhasi vs Housing Development Finance Corporation Ltd

Court : Kerala

TO 31.03.2020 DATED 14.12.2021. EXHIBIT P3 A TRUE COPY OF THE POSSESSION NOTICE ISSUED UNDER SECTION 8(6) OF SECURITY INTEREST (ENFORCEMENT) RULES, '2002' DATED 10.01.2022. EXHIBIT P4 A TRUE COPY OF THE ORDER PASSED VT THE CHIEF JUDICIAL MAGISTRATE COURT, … the respondent financial corporation to continue with the proceedings initiated against the petitioner. Sd/- GOPINATH P. JUDGE SKP/15-11 APPENDIX OF WP(C) 5103/2022 PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 13(2)

Oswald Francis, vs the Branch Manager, State Bank of India,

Court : Kerala

NOTICE FOR SALE OF IMMOVABLE ASSETS UNDER THE SARFAESI ACT READ WITH PROVISION TO RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 DATED 10.05.2022. … shall be kept in abeyance.The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS JUDGE ssa/ APPENDIX OF WP(C) 17069/2022 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE E- AUCTION NOTICE FOR SALE OF

Howlath Beevi vs the State Police Chief

Court : Kerala

RESPONDENT RESPONDENT EXHIBITS Exhibit R4 (a) True copy of the Notice issued underRule 6(2) and 8(6) of the Security Interest Enforcement Rules, 2002 dated 10.01.2022 issued to the 4th respondent by the Indian Bank, Attingal branchExhibit R4 (b) True copy of … alter the structure of the two Shop Rooms leased out to the 4th respondent. sd/- N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 5814/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 16/12/2022 IN W.P(C)NO.4223/2022 Exhibit P2

S. Ravi Kanth and anr. Vs. A.P. Mahesh Co-operative Urban Bank Ltd. an ...

Court : Andhra Pradesh

Subject : Civil

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 13, 13(1), 13(2), 13(4), 13(4A), 13(5), 13(8), 14, 14(1), 14(2), 14(3), 17, 17(1), 17(3), 17A, 18, 18A, 18B, 19, 40 and 40(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Amendment) Act, 2004; Transfer of Property Act, 1882 - Sections 81; Multi State Cooperative Societies Act, 2002 - Sections 84; Debts Recovery Tribunal Act - Sections 19; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Terrorist and Disruptive Activities Act; Security Interest (Enforcement) Rules, 2002 - Rules 8, 8(1), 8(2), 8(4), 9, 9(4), 9(5), 9(6), 9(7) and 9(9); Debts Recovery Tribunal (Procedure) Rules, 1993 - Rule 7; Securiti

Reported in : 2008(1)ALT225

said Flat. It may be appropriate to have a look at Rule 8 and Rule 9 of the Security Interest (Enforcement) Rules, 2002. Rule 8 dealing with sale of immovable secured assets reads as hereunder:(1) Where the secured asset is an … movable secured assets shall be liable to be ordered for sale again.Para 2 and para 3 of the Appendix IV [Rule 8(1)] read as follows:The borrower having failed to repay the amount, notice is hereby given to … schedule property insofar as it concerns the petitioner's property in Flat No. 102 in 2nd Floor (Northern side) of 'Murthy Mansion' admeasuring 1650 sq. ft

Present: Mr. Manish JaIn Advocate Vs. the Authorized Officer, Uco Bank ...

Court : Punjab and Haryana

Subject : Land Acquisition

a possession notice under Section 13(4) and 13(12) of the SARFAESI Act read with Rule 8 of the Security Interest (Enforcement) Rules, 2002 (in short 'the Securitisation Rules') dated 06.12.2011 on 08.12.2011 (Annexure P-9) mentioning six properties pertaining to the hospital … presence of two witnesses after a Panchnama drawn and signed by the witnesses as nearly as possible in Appendix I to these rules. (2) After taking possession under sub-rule (1) above, the authorised officer shall make or … It is pleaded that the principal borrower hospital had grown upto a 100-bed hospital and it was providing services under almost 20 medical departments and

V. Sambandan Vs. The Punjab National Bank Rep. by its Chairman cum Man ...

Court : Chennai

Subject : Land Acquisition

Second respondent bank has issued another letter dated 14.09.2009, stating that in terms of Rule 9(5) of the Security Interest (Enforcement) Rules, 2002 (Hereinafter referred to as "the Rules"), read with the terms and conditions of the auction dated 17.07.2009, a … properties by the Bank, and Rules 9(7) to 9(10) deal with sale of encumbered properties. 9. Referring to Appendix IV in the said Rules, learned counsel for the appellant further submitted that the said Appendix unambiguously states