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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

Shakeena and Vs. Bank of India and ors.

Court : Chennai

Subject : Company

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2), 13(4), 13(8), 17, 35 and 37; Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Transfer of Property Act - Sections 54, 60, 69, 69(3) and 69A; Indian Registration Act - Sections 17; Uttar Pradesh Sales Tax Act; Constitution of India - Article 226; Income Tax Rules - Rule 60; Security Interest (Enforcement) Rules, 2002 - Rules 3, 4, 9, 9(3), 9(4), 9(5), 9(6) and 9(7); Security Interest (Enforcement) Rules, 2003 - Rule 9

Reported in : AIR2008Mad10; [2007]138CompCas976(Mad)

1993 (51 of 1993) or any other law for the time being in force.8. Rule 9 of the Security Interest (Enforcement) Rules, 2002, read as under:Rule 9. Time of sale, issue of sale certificate and delivery of possession, etc. - (1) … that they were directed to discharge the loan amount with interest at 11.75 per cent, per annum within a period of 60 days; that the … a certificate of sale of the immovable property in favour of the purchaser in the form given in Appendix-V to these rules.(7) Where the immovable property sold is subject to any encumbrances, the authorised officer may if

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 … the newspapers on 27.12.2008. This was followed by a sale notice dated 11.03.2009. This was published in two newspapers on 21.03.2009, fixing the auction sale

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 … the Rules made thereunder, for sale of assets, secured by the Bank. 11. On the reliance made to Bank of India v. Official Liquidator and

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 … to the accuracy and integrity of this document CWP No.17785 of 2012 11 i.e. respondents No.5 and 6 and on objection being raised by counsel

Arun Kumar Arora and anr. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Commercial

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(4), 14 and 17(1); Recovery of Debts Due to the Banks and Financial Institutions Act, 1993 - Sections 13(4), 17, 17(1) and 22; Debts Recovery Tribunal (Procedure) Rules, 1993 - Rules 7 and 18; Security Interest (Enforcement) Rules, 2002 - Rules 8(1), 8(3), 9(6) and 9(9)

Reported in : AIR2006P& H211; (2006)144PLR1; [2007]74SCL237(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

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 … AR. Pradeep Kumar. ITEM No.2 Immovable property comprising of Flat No:2E, admeasuring 1100 sq. ft. at 2nd Floor, Chola Flats together with 1/24th UDS of

Lissy Lekshmi vs M/S. Dewa Projects Private Limited

Court : Kerala

-P6 TRUE COPY OF THE NOTICE DATED 18 FEBRUARY 2022 ISSUED UNDER RULE 8(6) AND 9 OF THE (SECURITY INTEREST ENFORCEMENT) RULES, 2002 Exhibit -P7 TRUE COPY OF THE JUDGMENT DATED 04.08.2022 IN W.P (C) 8054/2022 Exhibit -P8 TRUE COPY OF … to prosecute SA No.219/2023 before the Debts Recovery Tribunal-I, Ernakulam. Sd/- N. NAGARESH, JUDGE aks/12.04.2024 : 41 : APPENDIX OF WP(C) 14289/2016 PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE JOINT DEED OF TERM LOAN AGREEMENT … CORPORATION BANK, HEAD OFFICE, PANDESHWAR, MANGALORE-575 001, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR. 11 PUNJAB NATIONAL BANK, 7, PNB HOUSE, BHIKAJI CAMA PALACE, BEHIND EIL DELHI-110

The Dewa Investors Associates vs M/S. Dewa Projects Private Limited

Court : Kerala

-P6 TRUE COPY OF THE NOTICE DATED 18 FEBRUARY 2022 ISSUED UNDER RULE 8(6) AND 9 OF THE (SECURITY INTEREST ENFORCEMENT) RULES, 2002 Exhibit -P7 TRUE COPY OF THE JUDGMENT DATED 04.08.2022 IN W.P (C) 8054/2022 Exhibit -P8 TRUE COPY OF … to prosecute SA No.219/2023 before the Debts Recovery Tribunal-I, Ernakulam. Sd/- N. NAGARESH, JUDGE aks/12.04.2024 : 41 : APPENDIX OF WP(C) 14289/2016 PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE JOINT DEED OF TERM LOAN AGREEMENT … CORPORATION BANK, HEAD OFFICE, PANDESHWAR, MANGALORE-575 001, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR. 11 PUNJAB NATIONAL BANK, 7, PNB HOUSE, BHIKAJI CAMA PALACE, BEHIND EIL DELHI-110

Leena Sashikumar vs Authorized Officer

Court : Kerala

-P6 TRUE COPY OF THE NOTICE DATED 18 FEBRUARY 2022 ISSUED UNDER RULE 8(6) AND 9 OF THE (SECURITY INTEREST ENFORCEMENT) RULES, 2002 Exhibit -P7 TRUE COPY OF THE JUDGMENT DATED 04.08.2022 IN W.P (C) 8054/2022 Exhibit -P8 TRUE COPY OF … to prosecute SA No.219/2023 before the Debts Recovery Tribunal-I, Ernakulam. Sd/- N. NAGARESH, JUDGE aks/12.04.2024 : 41 : APPENDIX OF WP(C) 14289/2016 PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE JOINT DEED OF TERM LOAN AGREEMENT … CORPORATION BANK, HEAD OFFICE, PANDESHWAR, MANGALORE-575 001, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR. 11 PUNJAB NATIONAL BANK, 7, PNB HOUSE, BHIKAJI CAMA PALACE, BEHIND EIL DELHI-110