Showing : 1-10 of 69 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002-- Secured asset - Auction - Prospective buyer should aware of claims of home buyers as such a course is necessary not merely to safeguard the interests of home buyers but also to make prospective buyer aware of existence of claims of home buyers in respect of land that he was proposing to purchase...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1)-- Secured assets - Borrower/debtor can approach Debt Recovery Tribunal (DRT) u/s 17 of the Act, at the stage of possession notice referred in R/8(1) and 8(2) of 2002 Rules...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 130, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1)-- Transferee of actionable claim - Substitution - Secured assets - Appellant initially filed application for substitution as a secured creditor under SARFAESI Act consequent to assignment of debt to it - After claim of appellate being a secured creditor was rejected, appellate made a complete volte..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1), Security Interest (Enforcement) Rules, 2002, Rule 8(6)-- Application u/s 17(1) of the Act by borrower - Maintainability - Application u/s 17(1) of the Act is maintainable only when actual/physical possession is taken by secured creditor or borrower losses actual/physical possession of secured assets - Once right to approach DRT matures and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 13(4)-- Auction - In event of acceptance of petitioner claim, auction sale conducted by Bank as Bank are directed to ensure that nature of auctioned property is not altered/changed in any manner and same to kept intact in same position as it was on date of auction, till decision of Tribunal in SA filed by..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(zb), 13(2), Transfer of Property Act, 1882, Section 58(f)-- Security agreement - Enforcement of security interest - In the instant case, guarantor deposited title deeds of suit properties with bank with intention of creating mortgage in favour of bank - Even, title deeds were accepted by bank as per entry form by mentioning that title deeds mortgaged with..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 17-- Security agreement - Enforcement of security interest - Right to appeal - Attracted only when it is shown that other security interest is created in favour of secured creditor and not creditor who is unsecured...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(1)-- Recovery of dues - Publication of demand notice in newspaper along with photograph of defaulter - No record maintained by respondents that there is reason to believe that publication of demand notice in newspaper has become absolutely essential for making borrower/guarantor aware of what is..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2)-- Demand notice - Recovery of dues - If demand notice u/s 13(2) of the Act is served on borrower/guarantor in manner statutorily provided for and there is no reason at all to believe that service has not been effected, question of publication in newspaper does not and cannot arise but if there is..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 1(4)-- Debt recovery proceedings - Jurisdiction of civil Court - Civil Court has no jurisdiction to entertain proceedings u/s 13 R/W S.34 of SARFAESI Act, as it specifically provides bar of jurisdiction of civil Court - Only remedy available is to approach Tribunal under the provisions of DRT Act to..........

Showing : 1-10 of 69 Results