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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 … High Court in the case reported as Joseph George v. Joint Registrar 2005(2) Important and Selected Judgments (Banking), 402, has taken a view that there is no provision in the Act corresponding to Section 1(4) of the

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

Punjab and Sind Bank and anr. Vs. Arun Kumar Arora and anr.

Court : DRAT Delhi

Subject : Right to Information

Reported in : II(2006)BC232

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 … application under Section 17(1) of the Act in the absence of any rule framed under the said Act? 4. Whether the Bank or financial institution having elected to seek their remedy in terms of the Recovery of

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 … price. Consequently, the possession and sale notice suffer a serious irregularity.33. Referring to Rule 8(2) and particularly to Appendix 4, he pointed out that there is no separate form prescribed for sale and the possession notice, as per

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 … writ petition are that petitioner No. 1 is running business of commission agent in partnership with respondent No. 4 under the name and style of M/s Partap Trading Company, Shop No. 18, New Sabzi Mandi, Jalandhar City.

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 … by delivering a possession notice prepared as nearly as possible in Appendix IV to the Rules, to the borrower and by affixing the possession notice … 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) … the Court Commissioner's fees, which, if deposited be credited to DLSA, Mumbai.â? 4. The present Petition is concerning the premises Survey No. 63, Hissa No.

Ms. Yukta Mookhey Vs. Bank of India and ors.

Court : Mumbai

Subject : BankingCivil

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2), 13(13), 14, 14(3), 17, 18(1) and 31; Maharashtra Rent Control Act, 1999 - Sections 14 and 24; Income Tax Act - Sections 269UE(1); Companies Act; Code of Civil Procedure (CPC) - Sections 60(1); Security Interest (Enforcement) Rules, 2002 - Rule 8(1); Registration Act - Sections 17

Reported in : 2006(2)ALLMR737; 2006(3)BomCR26; 2006(4)MhLj61

Securitisation Act, possession notice was issued under the prescribed form in Appendix IV under rule 8(1) of the Security Interest (Enforcement) Rules, 2002. The said notice was addressed to Sanjivani Properties Pvt. Ltd. and was pasted on the secured premises on … Properties Pvt. Ltd., was the guarantor in respect of the said amount and had mortgaged their flat at 401, 2-A, Excellency Co-op. Housing Society Ltd., Lokhandwala Complex, Andheri (West), Mumbai--400 053, in favour of respondent No. 1-Bank

1. K.M.Sidheck vs 1. the Authorized Officer

Court : Kerala

Subject : Land Acquisition

THE 1ST RESPONDENTS DATED 4.8.2023 UNDER SECTION 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 READ READ WITH APPENDIX 4 OF THE SAID RULES.Exhibit P2 TRUE COPY OF THE PAPER PUBLICATION FOR AUCTION SELLING THE PETITIONERS PROPERTY PUBLISHED … notice of 15 days for sale of immovable secured assets of the petitioners invoking Rule 8 of the Security Interest (Enforcement) Rules, 2002. :4:3. The petitioners state that the petitioners havealready approached the Debts Recovery Tribunal-1, Ernakulam filing Ext.P3 S.A No.518/2023

K.M.Pauly vs Authorised Officer

Court : Kerala

THE TRUE COPY OF THE POSSESSION NOTICEDATED 18/09/2018 UNDER APPENDIX IV READ WITH THE RULE 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 ISSUED BY THE AUTHORISED OFFICER, KOTAK MAHINDRA BANK LTD, NO.22, THIRD-FLOOR, KOTAK HOUSE, M.G.ROAD, BANGALORE - 560 0001Exhibit … KOTAK MAHINDRA BANK LTD., 27 EKC, C 27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI, PIN - 400051 2 AUTHORISED OFFICER KOTAK MAHINDRA BANK LTD. 1ST FLOOR, CEEBROS CENTRE, 39 MONITIETH ROAD, EGMORE, CHENNAI, PIN -