...has no other remedy except to file the writ petition under Article 226 of the Constitution of India. The petitioner comes under a category of any person to file an appeal under Section 17 of the SARFAESI Act. ...SARFAESI Act is reproduced as under:- "17. Application against measures to recover secured debts.—(1) Any person (including borrower), aggrieved by an...proceeding under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement 1...

...Constitution of India. The petitioners comes under a category of any person to file an appeal under Section 17 of the SARFAESI Act. Section 17 (1) of the SARFAESI Act is...proceeding under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act') were initiated and the possession has...section 13 taken by the secured creditor or his authorised officer under this Chapter,1[may make an application along with such fee, as may be prescribed,] to the Debts Recovery...

...Section 17(1) of the SARFAESI Act is against the measures under Section 13(4) of the SARFAESI Act taken by the Bank/Financ...Section 17(7) of the SARFAESI Act providing for disposal of such appeal in accordance with the provisions of the drt act and the rules made thereunder. On the basis thereof, it ...amendment dated 21.01.2003 of Rule 6 is after the SARFAESI Act came into force on 17.12.2002 and the Legislature should be deemed to have amended the Rule to provide for the jurisdiction of the DRT qua ap...

...objections and also had placed the IA 1240/2024 filed under Section 17(7) of the SARFAESI Act r/w Section 19(25) of the RDB Act. The prayer in the IA is to condone the delay of 180 days in filing ...provisions of Section 5 of the Act of 1963 would therefore be very much applicable to an application filed beyond time under Section 17[1] of the SARFAESI ...company did not make out sufficient cause for condonation of delay in the presentation of the application under section 17[1] of the SARFAESI Act, the appeal...

...third respondent committed default in paying the loan, the Bank invoked the provisions of the SARFAESI Act and after following the procedure under sections 13(2) and 13(4) of the sarfaesi act, the possession was ta.... 17. Now, it is relevant to refer Sections 17(1) and 34 of the SARFAESI Act. Section 17(1) of the SARFAESI Act rea...is barred under section 34 of the sarfaesi act. A remedy is provided under section 17 of the sarfaesi act to the aggrieved parties to approach the Debts Recovery Tribunal and therefore, p...

...Ganesan V. Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Board and Others] and would submit that since the period of limitation provided under Section 17[1] of the SARFAESI ...approach the Tribunal within the period of limitation as prescribed under Section 17[1] of the SARFAESI Act and on that ground also, the impugned order passed by DRAT warrants interference.12...importantly, it may be noted that if an aggrieved person, including a borrower, is prevented from availing the statutory remedy provided under Section 17[1] of the SARFAESI Act merely because the...

...(Order of the Court was made by S.MANIKUMAR, J) Before the Debt Recovery Tribunal, Coimbatore, borrowers have filed SARFAESI application, under Section 17 (1) of the SARFAESI ...condoning delay in filing SARFAESI Application cannot be taken up as SARFAESI Act being a special act and time stipulated for filing application under Section 17 (1) of the Act i...filing the application, under Section 17 (1) of SARFAESI Act, which was returned on 24/10/2017. 3. After filing the writ petition, submission seemed to have...

...issued in respect of the properties which was affixed on the property in dispute. On the basis of that possession notice, SARFAESI Applicants filed a SARFAESI application under Section 17 of the SARFAESI ...:" 14. Accordingly, Applicants were entitled to challenge the measures undertaken by the Bank under the SARFAESI Act. and file this SARFAESI Application under Section ...that: 17.(1) "Any person (including borrower) aggrieved by any of the measures referred to in sub-section (4...

...Section 17 of the SARFAESI Act, Rules 8 and 9 of the Security Interest(Enforcement) Rules, 2002 (hereinafter referred to as “the Rules”) to the extent they are relevant for deciding the question involved in the app...specified under Section 17(1) and hence is entitled to challenge the action of the secured creditor (PNB) before the DRT by filing an application under Section 17(1) of the SARFAESI ...statutory remedy of filing an application under Section 17(1) of SARFAESI Act before the concerned Tribunal to challenge the action of the PNB in forfeiting the appellant's deposit under Rule 9(5). We...

...by the writ petitioner for condonation of delay in filing the application under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (“...permitting the writ petitioner to move the Tribunal under Section 17 of the SARFAESI Act with further direction that till November 5, 2007 the operation of the possession-cum-sale notice would remain stayed. Howeve...section 5 of the Limitation Act had no application to the proceeding under Section 17(1) of the ...

...appellants ought to have availed statutory remedy under Section 17 of the (SARFAESI) Act. Under Section 17(1) of the (SARFAESI) Act, an aggrieved person has a right to f...) Act having been initiated, the remedy of the appellants is to file appeal under Section 17 of the (SARFAESI) Act, where all pleas including non availability to the Bank to invoke ...under Section 17 of the (SARFAESI) Act.In view of the aforesaid, we dismiss the Writ Appeal with the observation that the appellants' remedy is to file appeal under Section 17 of th...

...the respondent-Bank under Section 14 of the SARFAESI Act, 2002. 2. It was not disputed by learned counsel for the petitioners that against the notice issued under ...Securities Interest Act, 2002 (in short 'the SARFAESI Act, 2002'). Apart from above, petitioners have also sought quashing of E-auction sale notice dated 01.03.2019 (Annexure P-6) issued by...the SARFAESI Act, 2002 is maintainable before the Debts...

...(in short "the SARFAESI Act") by the Chief Metropolitan Magistrate, Kanpur Nagar. It is to be noted that against the order under Section 14 of the SARFAESI Act the petitioner has remedy of filing a...order under Section 14 of the SARFAESI Act. The petitioner having efficacious remedy, we are not inclined to interfere. The writ petition is accordingly dismissed. For a period of...petitioner has challenged the order dated 19.5.2018 which is an order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002...

...Section 17(1) of the SARFAESI Act, AS ALL THE SECURED ASSETS ARE LOCATED IN THE STATE OF CHATTISGARH BEYOND THE TERRITORIAL LIMITS OF THE DRT? It is no doubt ...the DRT can examine the question of its territorial jurisdiction to entertain an application under Section 17(1) of the SARFAESI Act. That does not mean that this Court, in...applications under Section 17(1) of the SARFAESI Act. Learned Counsel would rely on Amish Jain v. ICICI Bank Ltd. and MD, Excel Stationers Ltd. v. International...

...the provisions of Section 13 of the SARFAESI Act. Section 17(1) of the SARFAESI Act reads as under:- "17. [Application against me...dated 13.08.2015 was a notice under Section 13(4), in that case also, in view of the statutory, efficacious remedy available by way of appeal under Section 17 of the SARFAESI Act,...that the Chief Judicial Magistrate, Kadi passed an order under Section 14 of the SARFAESI Act to provide an assistance to respondent no.1 to take the physical possession of the property in question and...

...initiated by the bank under the SARFAESI Act and the resulting sale certificate were sought to be challenged by Porus Laboratories Private Limited, Hyderabad, the writ petitioner, before the jurisdictional Debts Recovery Tribunal (h...of 2013 before the Tribunal under Section 17(1) of the SARFAESI Act. However, as the said provision requires such an application to be filed within 45 days from the date of the impugned measure taken...application filed under Section 17(1) of the SARFAESI Act. Holding so, the Appellate Tribunal dismissed the appeal. Aggrieved by the dismissal of its appeal, the petitioner company is before this...

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...Section 17 (1) of the SARFAESI Act. 5, In reply to this submission, Learned Counsel for Respondent Bank submitted that an Application under section 17 (..., has to be filed 5 within 45 days from the date on which a measure under Section 13(4) of SARFAESI Act, 2002, had been taken. There is no pr...followed, the measures will ultimately fail. That applies to the case of the Appellant as well, when she challenges the measures under Section 17 (1) of the SARFAESI Act, 2002. Section 5 of the Li...

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