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...establishment, within the jurisdiction of such Tribunal, shall stand transferred, on that date to such Tribunal.7. There is no dispute that under the RDDBFI Act, 1993 the recovery of debt would only b...Kerala High Court, by virtue of section 31-A of the RDDBFI Act, 1993, such decree can still be executed.14. Reading of the said judgment itself indicates...RDDBFI Act, 1993 for recovery of its dues even after the decree by Civil Court and the same was done when the debt grew beyond Rs. 10.00 lacs. It was open for the Appellant to have applied by filing the application...
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...Act to include anyone who is possessed of any interest over the ‘secured asset’.4.3 The Tribunal in a proceeding under Section 19 of RDDBFI Act is required only...conscious of its confines, as also the permissible scope of enquiry under Section 19 of RDDBFI Act and is of the considered view that the allegation of conspiracy, legal...registered Power of Attorney or sale deed and the like cannot be called for in question and adjudicated by it by virtue of the jurisdiction and authority vested on it under Sections 17 & 19 of RDDBFI ...
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.... Whereas, the classification of account as NPA is immaterial in case of filing of Original Application under section 19 of the RDDBFI Act for recovery of its dues. Furt...to reduce the rate of interest for pendentilite and future charges as provided under section 19 of RDDBFI Act. However, such discretion is required to be exercised judiciously considering the enti...Institutions Act, 1993 (for Short RDDBFI Act) against the order dated 02.02.2019 passed by the Presiding Officer, Debts Recovery Tribunal, Patna (DRT for short) whereby the O.A. No. 295 of 2018 filed by the...
...jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal.7. There is no dispute that under the RDDBFI Act, 1993 the recovery of debt would only be made by filing the origin...grew to be beyond Rs. 10.00 lacs, therefore, he submits that as per the judgment passed by the Hon'ble Kerala High Court, by virtue of Section 31-A of the RDDBFI Act, 1993, such...RDDBFI Act, 1993 for recovery of its dues even after the decree by Civil Court and the same was done when the debt grew beyond Rs. 10.00 lacs. It was open for the appellant to have applied by filing the application...
...Section 19(4) of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (RDDBFI Act) for 19.11.2007 On 19.11.2007 the Assistant Registrar recor...dated 18.2.2014 In upholding the orders to such effect passed by DRT, the appellate forum referred to Section 19(25) of RDDBFI Act to hold that it bestows “inherent power” on....22. Provisions similar to those mentioned above are made vis-à-vis the procedure applicable to DRT, by sub-sections (12) to (18) of section 19 of rddbfi act, as under:...
.... Defendants put in appearance. Defendant Nos.1 & 2 filed written statement wherein, they alleged that application is not maintainable in its present form as per Section 19 of RDDBFI Act, 1993....
ORDER
1. Canara Bank (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (R...directed to distribute the sale proceeds of the mortgage property and standing crops as per the provisions of Section 19(20-AB) of the Act.
10. A Copy of th...
...Application (OA) No. 108/2004 under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ...under RDDBFI Act. The amounts represented by the aforementioned transactions, thus, relate to a liability arising out of the business activity undertaken by the bank, one which is “legally recoverable” by it. The claim ...application before DRT under RDDBFI Act on the reasoning that the amount claimed due cannot be treated as “debt”, within the meaning of the expression defined in Section 2(g...
...the proceedings in O.A.No.344 of 2015 as the same has been ordered.
12. The respondents would submit that the application before the DRT under Section 19 of RDDBFI ...only be moved by the Bank or Financial Institutions. Borrowers/Third Parties do not have any right to file an application under Section 19 of RDDBFI Act.
13...Act 44 of 2016.
15. Likewise, under Section 25 of the RDDBFI Act, the Recovery Officer on receipt of copy of the certificate under Sub-...
....5. 2nd Respondent-Bank filed an Affidavit of objection inter alia stating that they filed O.A No. 100 of 2008 under Section 19 of RDDBFI Act for recovery of Rs. 5...order of the Tribunal and under Section 89 of the Registration Act, they have to file the copy of such order in their...Section 60 of the Registration Act and submitted that once the procedure for admission of the document is completed as per ...
...creditor will not be moving a Court for relief and no adjudicating process is involved. Insofar as RDDBFI Act is concerned, it is a Tribunal on which certain powers under the CPC have been conferred. If the proceedings initiated und..., whether to grant permission or not to grant permission. At the highest, therefore, all that can be said is that if a creditor had already applied under the
provisions of Section 19 of ...Section 13 of the Act of 2002 and the proviso to Section 19 of the Act of 1993. She has relied upon the judgments of the Hon'ble Supreme Court in the matters ...
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...Bank of India, filed the present application being OA No. 362/2016 on 20/05/2016, under Section 19 of RDDBFI Act,1993 for recovery of Rs. 16,14,522/-( Rupees Sixteen lac fourteen thousand...an end and as per section 19(20) of RDDB & FI Act, 1993, which are analogous to Section 34 of CPC, this Tribunal has the discretion to award pendentilite and future interest. The interest ...claim amount of the Applicant Bank.
iv) Let, a certificate be issued accordingly under section 19(22) of the Recovery of Debts Due to Bank and Financial Institution ...
...Bank Ltd. , filed the present application being O.A. No.278 of 2010 on 2nd July,2010, under Section 19 of RDDBFI Act,1993 for recovery of Rs. 11,08,295.90/-( Rupees Eleve.... with monthly rests. On filing of the original application, the contract between the parties comes to an end and as per section 19(20) of RDDB & FI Act, 1993, which are analogous to Section 3...) Let, a certificate be issued accordingly under section 19(22) of the Recovery of Debts Due to Bank and Financial Institution Act,1993 and the same be forwarded to the Recovery cell for further...
...19 of RDDBFI Act,1993 for recovery of Rs. 20,50,620/-( Rupees Twenty lac fifty
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thousand six hundred twenty...contract between the parties comes to an end and as per section 19(20) of RDDB & FI Act, 1993, which are analogous to Section 34 of CPC, this Tribunal has the discretion to award pendentilite ...certificate be issued accordingly under section 19(22) of the Recovery of Debts Due to Bank and Financial Institution Act,1993 and the same be forwarded to the Recovery cell for further action as per...
...Federal Bank Ltd., filed the present application being OA No. 41 of 2002 on 15th February,2002, under Section 19 of RDDBFI Act,1993 for recovery of Rs. 28,64,260/-( Rupees Twenty eight la....
v) Let, a certificate be issued accordingly under section 19(22) of the Recovery of Debts & Bankruptcy Act,1993 and the same be forwarded to the Recovery cell for furth....
iv)Let, a certificate be issued accordingly under section 19(22) of the Recovery of Debts & Bankruptcy Act,1993 and the same be forwarded to the Recovery cell for furth...
..., under Section 19 of RDDBFI Act,1993 for recovery of Rs.27,64,387/- as on 31.07.2016 with further interests chargeable as per Banks Prime Lending Rate (BPLR) on the deb...interest was 10% p.a. with monthly rests. On filing of the original application, the contract between the parties comes to an end and as per section 19(20) of RDDB & FI Act, 1993...) Let, a certificate be issued accordingly under section 19(22) of the Recovery of Debts Due to Bank and Financial Institution Act,1993 and the same be forwarded to the Recovery cell for further action...
..., filed the present application being OA No. 754/2010 on 30th Jun,2010, under Section 19 of RDDBFI Act,1993 for recovery of Rs. 17,32,035/-( Rupees Seventeen lac thirty two thousand thirty file on...contract between the parties comes to an end and as per section 19(20) of RDDB & FI Act, 1993, which are analogous to Section 34 of CPC, this Tribunal has the discretion to award pendentilite ...claim amount of the Applicant Bank. iv)Let, a certificate be issued accordingly under section 19(22) of the Recovery of Debts Due to Bank and Financial Institution Act,1993 and the same be forward...