SARFAESI & RDB Act-Contempt Proceedings

Re-hearing in the matter cannot be permitted nor do the submissions make out any “error apparent on record” to justify interference in review jurisdiction – Dr. Vijay Mallya Vs. State Bank of India & Ors – Supreme Court of India

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Re-hearing in the matter cannot be permitted nor do the submissions make out any “error apparent on record” to justify interference in review jurisdiction – Dr. Vijay Mallya Vs. State Bank of India & Ors – Supreme Court of India Read Post »

Landmark Judgment under SARFAESI Act 2002 and RDB Act, 1993 – M/s Transcore Vs. Union of India & Anr – Supreme Court

Three points arise for determination in these cases. They are as follows:

(i) Whether the banks or financial institutions having elected to seek their remedy in terms of DRT Act, 1993 can still invoke the NPA Act, 2002 for realizing the secured assets without withdrawing or abandoning the O.A. filed before the DRT under the DRT Act.

(ii) Whether recourse to take possession of the secured assets of the borrower in terms of Section 13(4) of the NPA Act comprehends the power to take actual possession of the immovable property.

(iii) Whether ad valorem court fee prescribed under Rule 7 of the DRT (Procedure) Rules, 1993 is payable on an application under Section 17(1) of the NPA Act in the absence of any rule framed under the said Act.

Landmark Judgment under SARFAESI Act 2002 and RDB Act, 1993 – M/s Transcore Vs. Union of India & Anr – Supreme Court Read Post »

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