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Pradeep D. Kothari Vs. Uti Bank and ors.

Court : DRAT Madras

Subject : Land Acquisition

Reported in : IV(2007)BC53

is also further submitted that the respondent has not followed the procedure contemplated under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, which states: Where the secured asset is an immovable property, the Authorised Officer shall take or cause to … 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

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

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 … kept under the custody of the second respondent-Bank, in terms of Rules 8 and 9 of the SARFAESI Rules, 2002. Therefore, by the aforesaid notice … 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

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

Excel Dealcomm Pvt. Ltd. Vs. Asset Reconst. Company (India) Ltd. and O ...

Court : Supreme Court of India

Subject : Education

SARFAESI Act and even the sale was to be conducted by execution of sale certificate as provided in Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as "Rules"). Therefore, the jurisdiction of civil court is excluded. That the Private Treaty Agreement … possession is sought or not ?. The prayer sought is issuance of sale certificate which is provided in Appendix V to the Rules under SARFAESI Act. The sale certificate reads as follows: "Whereas the undersigned being the … delivered by the Division Bench of the Calcutta High Court on March 8, 2013 in A.P.O. No.180 of 2012 whereby the High Court while holding

Sumitha, vs the Authorized Officer/Chief Manager,

Court : Kerala

Subject : Constitution

WP(C) 13265/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF NOTICE DATED 22.11.2024 UNDER SECTION 13(2) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 ISSUED BY THE RESPONDENT BANK Exhibit P2 A TRUE COPY OF POSSESSION NOTICE DATED 20.02.2025 ISSUED BY THE … in abeyance. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ats WP(C) 13265/2025 5 APPENDIX OF WP(C) 13265/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF NOTICE DATED 22.11.2024 UNDER SECTION 13(2) OF … OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 13265 OF

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

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

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