Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Recovery of Debts due to Banks and Financial Institutions Act, 1993, S.21, Banking Regulation Act, 1949, Ss. 21 and 35-A - One time settlement scheme floated by RBI for recovery of NPA's - Guidelines issued for implementation of said scheme, accepted by all..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- There is no bar to issue a corrected/fresh notice u/s 13(2) of the Act after receipt of objections u/s 13(3-A) of the Act...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, 18, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17 -- Any person including borrower aggrieved by any of the measures taken u/s 13(4) of the Act can challenge the same before DRT on all points including actual liability to be..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Proceedings under Act can be pursued during pendency of civil suit filed by borrower...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1), Limitation Act, 1963, Section 5 -- Order of tribunal - Validity - Appeal was rejected by Tribunal on ground of delay - High Court issued specific direction in earlier petition that appeal of petitioner shall not be rejected merely on ground of delay - Held,..........
Civil Procedure Code, 1908, Section 151, Constitution of India, 1950, Article 226 -- Reconstruction of lost record - Reconstruction of records can be made under the inherent powers of the Court - It is duty of Court to ensure the reconstruction of a lost record - In the instant case order sheet available in which gist of judgment and operative portion thereof are intact -..........
Lost record -- Reconstruction - Judgment of trial Court not available and also no copy thereof available - However, judgment of Appellate Court very much available and also evidence which was led by parties available on record - Judgment of trial Court merges into the order of Appellate Court - Appeal when challenged can be decided on the basis of judgment of Appellate..........
Civil Procedure Code, 1908, Section 9, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Jurisdiction of Civil Court - Bar of - Suit claim as to entitlement of certain debentures on ground that order for attachment of same was obtained fraudulently - Plea that such relief already sought from Debt Recovery..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Eviction petition - Ground of eviction that premises is in a dilapidated and dangerous condition for which demolition and reconstruction is required - Held, it would be fit and proper that an independent Engineer/Advocate Commissioner is appointed for coming to a proper finding in that respect...........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Company - Declared a sick company by Board of Industrial Financial Reconstruction - Thereafter company making purchases and issuing cheque without disclosing that company is declared sick - Cheque dishonoured - Complaint cannot be..........
