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Rafeeque Vs. Union of India

Court : Kerala

Subject : Land Acquisition

- the learned Single Judge, hence, relegated the appellants to the Authorized Officer under Rule 8(5) of the Security Interest (Enforcement) Rules, 2002. The learned Single Judge also issued a consequential direction to the Authorized Officer to consider the claim of … DATED 05 08-2013, OF HIGH COURT OF KERALA. ------------------ APPELLANTS/ PETITIONERS 1 AND 2:- ------------------------------------------------------- 1. RAFEEQUE, AGED 35 S/O.MAKKAR, KANNOTH HOUSE, EDATHALAP.O., ALUVA.2. FATHIMA, W/O.MAKKAR, AGED 5 MAKKAR, KANNOTH HOUSE, EDATHALAP.O., ALUVA. BY ADV. SRI.FRANKLIN CHELLATH.

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

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 … for respondent No.1-UCO Bank. Mr. Karan Khehar, Advocate, for respondents No.2 and 3. Mr. Sudhir Pruthi, Advocate, for respondent No.4.1. To be referred to the

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 … this Court in M/s Kalyani Sales Company's case (supra). The case was contested by respondent Nos. 2 and 3 and a detailed written statement was filed by them alleging that the petitioners had not approached this Court

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 … the Act are in lieu of civil suit which remedy is ordinarily available but for bar Under Section 34 of the Act. Nevertheless, the condition of pre-deposit of 75% of the amount due as a pre-requisite for

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

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 … the Central Government is empowered to make Rules in terms of Section 38. By virtue of that provision, the Security Interest (Enforcement) Rules, 2002 were … 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

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 … VANCHIYOOR, THIRUVANANTHAPURAM-69501. 2 HOTEL VENUS INTERNATIONAL, S.S.KOVIL ROAD, THAMPANOOR P.O., VANCHIYOOR, THIRUVANANTHAPURAM. 3 K.VENUGOPALAN NAIR, T.C.6/139, 'CHAITHRAM' VATTIYOORKAVU P.O., THRIUVANANTHAPURAM - 695009 4 M/S. ANSU

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 … VANCHIYOOR, THIRUVANANTHAPURAM-69501. 2 HOTEL VENUS INTERNATIONAL, S.S.KOVIL ROAD, THAMPANOOR P.O., VANCHIYOOR, THIRUVANANTHAPURAM. 3 K.VENUGOPALAN NAIR, T.C.6/139, 'CHAITHRAM' VATTIYOORKAVU P.O., THRIUVANANTHAPURAM - 695009 4 M/S. ANSU