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Sundaram Home Finance Ltd., vs State of Kerala,

Court : Kerala

of the SARFAESI Act is issued in a statutory form namely, thatgiven in Appendix - V of the Security Interest (Enforcement) Rules, 2002. TheWP (C) No.10735/2021 -4- registering authority cannot, obviously, refuse to register such a Sale Certificate in statutory form … REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM-695 001. 2 THE SUB REGISTRAR, SUB REGISTRY OFFICE, RAJAPURAM, KASARAGODE-671 532. 3 THE VILLAGE OFFICER, KODOTH VILLAGE OFFICE, KODOTH, KASARAGODE-671 531. 4 THE TAHSILDAR, TALUK OFFICE, HOSDURG TALUK, TALUK

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 … of doctrine of sub silentio. In fact, various questions framed by the Supreme Court, particularly questions No.4 and 5, make it abundantly clear that the Court was seized of the provisions of the Act irrespective of 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 … the Bank, had not been paid by the petitioner.7. The learned Debts Recovery Tribunal, Chandigarh vide order dated 5.9.2005 directed that the applicant should not be deprived of the possession specially when he has cleared all the

Bd and P Hotels (India) (P) Ltd. Vs. District Judge, Jhunjhunu and ors ...

Court : Rajasthan Jaipur

Subject : Property

Acts : Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (SARFAESI Act) - Sections 13(2), 17, 47, 13(4), 13(6), 34, Read With O.21; Arbitration Act - Section 36; Transfer of Property Act - Section 69, 69-A; principal Act - Section 13, 17, 17(3)

After sale certificate being issued in favour of the buyer or auction purchase in the form given in Appendix V to Security Interest (Enforcement) Rules, 2002, the authorised officer is competent to deliver possession in terms of … vide order dt.17/04/2009 observing that remedy of appeal lies U/s 17 of SARFAESI Act. However, in compliance with security Interest (Enforcement) Rules, 2002, the secured creditor (respondent-6) got possession notice published in Times of India, New Delhi (Edn) dt.26/08/2008 & Rajasthan … handed over to the petitioner on 04/08/2009 and either of respondents-2 to 5 has not raised objection at any stage. It has been further averred

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 … WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941 WP(C).No.3678 OF 2019(H) PETITIONER/S:1 MATHEW CYRIAC, AGED 55 YEARS S/O MATHEW KURIAN, KULAMACKAL HOUSE, MUNDUPALAM, KAROOR P.O, PALA, KOTTAYAM, NOW RESIDING AT FIRST FLOOR, SANTHA MARIYA

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) … the said notices and submitted their reply, seeking time up to February 5, 2005, for payment of the dues, but they have not paid 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

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 … the order with immediate effect. Thus, the present appeal came to be filed by the secured creditor Bank, 5. On the basis of submissions made by both the learned Counsel, the point for consideration is whether the

Jose Antony Thottassery vs the Sub Registrar, Thiruvalla

Court : Kerala

of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and Security interest (Enforcement) Rules, 2002. The properties originally belonged to respondents 5 and 6, who had mortgaged the same with the 2nd respondent. … issues a certificate of sale of the property in favour of the purchaser in the form given in Appendix V to theRules. The court further held, referring to the judgment in Shakeena v. Bank of India [(2021)

Agp City Gas Private Limited, vs M/S. Lynx Properties & Developers ...

Court : Kerala

were strictly followed. It was also contended that there was a clear violation of Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, especially in the matter of service of notice. Appendix V to the Rules providing for the form of … P.O., ERNAKULAM, REPRESENTED BY ITS PARTNER MR.LAJI JOSEPH, S/O.P.K.JOSEPH, PUTHUPPARA HOUSE, 8/192, THURAVOOR, KIDANGOOR P.O., ANGAMALY, ERNAKULAM, PIN-683 572. 2 M/S. ORMA TIMBERS, VII/157A, OPPOSITE FEDERAL BANK, O.P.(DRT) No.261/21 -:2:-THANKEY JUNCTION, CHERTHALA, ALAPPUZHA, PIN-688 524, REPRESENTED BY

Rajapriya Vs The Sub Registrar,

Court : Chennai

issued in favour of the petitioner under Rule 9(6) read with Appendix V and Annexure XII of the Security Interest (Enforcement) Rules, 2002.3. When the petitioner presented the Sale Certificate before the registeringauthority, the same was refused on the ground … Act. A Sale Certificate has been issued in favour of the petitioner under Rule 9(6) read with Appendix V and Annexure XII of the Security Interest (Enforcement) Rules, 2002.3. When the petitioner presented the Sale Certificate before