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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

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,

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

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

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

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

Kalyani Sales Company and anr. Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Subject : Banking

Acts : 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

Reported in : AIR2006P& H107; I(2006)BC1; (2006)142PLR1; [2006]70SCL177(Punj& Har)

The possession is taken as per notice appended as Appendix IV in terms of Rule 8(1) of the Security Interest (Enforcement) Rules, 2002. The notice, in fact, cautions the borrower in particular and the public in general not to deal with … accordance with law as if the amendments made to Sections 17 and 18 of this Act by Sections 10 and 12 of the said Act were in force at all material times.38. Power of Central Government to

A.R. Rajasekaran Vs. the Chief Manager and Authorized Officer, United ...

Court : DRAT Madras

Subject : Education

two leading newspapers, within seven days, as enumerated under Rule 8(2) of the Security Interest (Enforcement) Rules - 2002. The Possession Notice was not affixed on the conspicuous part of the secured asset as enumerated in Rule … issued the Possession Notice on 16.9.2011 under Section 13(4) of the Act read with Rule 9 of the Security Interest (Enforcement) Rules - 2012. 2.3 In both the Notices dated 6.6.2011 and 16.9.2011, the Respondent mentioned that, the borrower had … vitiated but also not sustainable. The Respondent has not followed Rule 8(1), Appendix IV in issuing the Possession Notice. The Possession Notice was not served … the immovable properties (page 35 of the Applicant type set and page 10 of the Respondents’ type set). The Ld. Counsel for the Applicant further

A.Varalakshmi. Vs. the Chief Manager and ors.

Court : Chennai

Subject : Banking

Acts : Security Interest (Enforcement) Rules, 2002 - Rule 9(1)(2), 8(6)(7), 8(5)(b)(c), Section 38; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 13(2)(4), 13(3A), 2(1)(f), 14; Constitution of India - Articles 226

raises the following questions:-(1)Whether in terms of the second proviso to sub-rule (2) of Rule 9 of the Security Interest (Enforcement) Rules, 2002, the secured creditor could sell the secured asset below the reserve price mentioned in the sale notice without … take or cause to be taken possession, by delivering a possession notice prepared as nearly as possible in Appendix-IV to these rules, to the borrower and by affixing the possession notice on the outer door or at … of Declaration, declaring that the sale of the petitioner's property located at 10/1A3, Old No.3, Montieth Road, Egmore, Chennai referred to in the 1st respondent's