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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 … of the Letters Patent against the order of the writ court dated 28.10.2009 made in W.P.No.19557 of 2009.) S. Manikumar, J. Challenge in this appeal

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

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

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 … institutions under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the Act).3. We have heard learned counsel for the parties at considerable length on common legal

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

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 … Vinod Kumar Sharma, J.1. Petitioners have challenged the order dated 22.2.2006 passed by the Debts Recovery Appellate Tribunal, Delhi, vide which appeal filed by M/s Punjab and Sind Bank

Pratheesh vs the Kerala State Co-Operative Bank Ltd,

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 Ext.P1 notice invoking Rule 8(6)of the Security Interest (Enforcement) Rules, 2002.4. The petitioner states that he … makes payments asdirected above, coercive proceedings, if any, against the petitioner shall stand deferred. Sd/- N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 38670/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 18.10.2023 UNDER RULE 8 … HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945 WP(C) NO. 38670 OF

M/s. National Laminate Corporation and Another Vs. Euro Merchandise (I ...

Court : Mumbai

Subject : Land Acquisition

Sub-rules (1), (2) and (3) of Rule 8 of the Security Interest (Enforcement) Rules, 2002 as well as Appendix IV of the said Rules, which is the form of such possession notice, are extracted hereunder: â8. Sale … secured creditor under section 13 of the SARFAESI Act. Sub-rules (1) and (2) of Rule 8 of the Security Interest (Enforcement) Rules, 2002 provide for a possession notice where the secured asset is an immovable property. Sub-rules (1), (2) and (3)

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 … HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 14289 OF

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 … HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 14289 OF