...Tribunal due to change of jurisdiction and renumbered as aforesaid seeking relief to set aside SARFAESI notices dated 24.Og.2OtO, 16.06.2011 and 27.06.2011 and further orders. Affidavit in opposition and...out of S.A. 525 of 2011 has been fited by the applicants under Section 17(1) of the SARFAESI Act, 2002 (hereinafter referred to as'Act of 2002') before DRT-2 which has been transferred to this...

...possession of the property. It is at that stage that the Appellants approached the D.R.T. with an application to set aside Sarfaesi measures. From the Application, it seems that the Appellants have...Application (S.A.) No. 398/2022 declined to grant any relief in favour of the Appellants to stall the Sarfaesi measures initiated by the 1stRespondent Bank for recovery of the amount...Security Interest Act, 2002 ('SARFAESI Act', for short). The Appellants had prior to that received the demand notice u/s 13 (2) of the SARFAESI Act demanding a sum of ₹ 29,74,292.15 as of 13.03.2020...

...the Income Tax Returns to prove their lack of income and that they have a very good prima facie case to set aside Sarfaesi measures initiated by the Respondent Bank. It is also pointed out that the...Debt Recovery Tribunal-III, Mumbai (D.R.T.), wherein the prayer of the Appellants seeking a stay to the further Sarfaesi measures was declined.2. The Appellants had admittedly...possession of the property is yet to be handed over to the auction purchaser. The Respondent Bank had filed an application under Sec. 14 of the SARFAESI Act which was allowed and the taking over of...

...and rival contentions of both parties and relying on the judgement of Hon'ble High Court of Karnataka reported in 2012 (2) DRTC 684, allowed Securitisation Application and set aside the 3 SARFAESI action...below mainly set aside SARFAESI Action relying on the 5 judgement of Hon'ble High Court of Karnataka. Advocate for...SARFAESI Act, 2002. DRT allowed Securitisation Application which was challenged by Bank before DRAT, and DRAT has set aside the Order of DRT, and Hon'ble High Court of Karnataka allowed Writ Petition and restored the Order of DRT, while setting aside the Order of DRAT, holding that invoking Section 14 of SARFAESI Act...

...and therefore the Bank has initiated SARFAESI proceedings. It is stated that seeking to set aside the sale deed fraudulently obtained from him, he has filed IOP No. 3/12 now pending before the Sub Court, Kochi. It is in the meanwhile he has filed this writ petition seeking to set aside the SARFAESI proceedings...allowing the prayer of the petitioner to set aside the SARFAESI proceedings.Therefore, the writ petition is dismissed clarifying that this shall be without prejudice to the right of the...the sale deed was registered on 20/12/12. Thus, SARFAESI proceedings initiated against the property has culminated with the aforesaid proceedings. If that be so, there is no question of this Court...

...) Rules 2002 (hereinafter referred to as the Rules). Auction conducted on 21.11.2015 is not a legal auction and the same be set aside. 4. Appellant Bank submitted that the loan was rightly classified as NPA. Notices under Section 13(2), 13(4) of the SARFAESI Act...parties and perused the record, Ld. DRT recorded a finding that there is a violation of Rule 9(4) of the Security Interest (Enforcement) Rules. Accordingly, auction sale held on 21.11.2015 was set aside. SARFAESI Application...irregular and was classified as NPA on 30.09.2011. Respondent No. 1 (SARFAESI Applicant) came to know about the auction proceedings through paper publication. He has filed the SARFAESI Application under...

...auction' 6. ln view of the above discussion, I find that the Applicant failed to make any valid grounds to set aside SARFAESI measures' 7...over by the answering Respondent. It is further submitted by the respondent bank that the relief of the Applicant to set aside the proposed action of the answering Respondent No.1 is itself not...Section 17 of SARFAESI Act, 2002 assailing the sale held on 08.11.2018 in pursuance of sale notice dated 29.09.2018 issued by the respondent bank against the...

...), is set aside, SARFAESI Applicant No. 307 of 2015 stands dismissed. No order as to costs. Copy of the order be supplied to Appellant and the Respondents and a copy...pleadings of the parties, SARFAESI Applicant, Respondent No. 1 in the appeal, namely, Gauri Shankar Banerjee, filed a SARFAESI Application under Section 17 of the SARFAESI Act, 2002 (hereinafter...premises No. 8/9, Naskar Para Lane, P.S. Kasba, Ward No. 92, Kolkata - 7000 031. It is stated in the pleadings that the SARFAESI Applicant, Respondent No. 1, entered into an Agreement for Sale with the...

.... Now, the points that arise for consideration are;- Whether the applicant has made out any valid grounds to set aside the SARFAESI measures initiated by the respondent...partly succeed in making plea to set aside SARFAESI measures in respect of agricultural part of Item No.3 schedule property while failed to make out valid ground to set aside measures against the Item...classified the roan account as NpA whereas it was not and initiated SARFAESI measures by issuing demand notice dated 04.09.2018 for Rs.3,29,00,791/_ within 60 days. The applicant issued repry dated...

...11.08.2017 in Writ Appeal No. 248 of 2017, by which the Division Bench of the High Court has allowed the said appeal preferred by respondent No. 1 herein and has quashed and set aside the judgment and order passed by the learned Single Judge and has observed and held that Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as ‘MSMED Act’) will prevail over Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘SARFAESI Act...creditor and set aside the order passed by the Naib Tehsildar by observing that the provisions of SARFAESI Act would prevail and if respondent No. 1 is aggrieved by the order passed by the District...appeal and quash and set aside the impugned judgment and order passed by the Division Bench and restore the judgment and order passed by the learned Single Judge by holding that the recoveries under SARFAESI Act...

.../s17 ofthe Securitization and Reconstruction of Financial Assetsand Enforcement of Security Interest Act, 2002 (hereinafter "the Act" for short) to set aside SARFAESI proceedings.../2021 ' 15,Inviewoftheaboveobservations'IfindthattheapPlicants failed to make out any ground to set aside any of the SARFAESI measures initiated by the respondent bank...SARFAES measures of the 1st respondent bank may be set aside. B. While reiterating the contentions made in the reply statement, the respondent bank further contends that...

..., trauma to senior couple (wifels stroke); CDRC found deficiency/unfair practices. Prays set aside SARFAESI/e-auction notices (20.09.2024/07.I0.2024), return title deeds, release deed, refund excess *LBo/o...Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("Act" hereinafter for short) to set aside all the measure initiated by the respondent bank...failed to establish any ground to set aside the measures of the Respondent Bank under the Act, 2002 including possession notice dated 02.08.2024 and action to take physical possession in respect of...

...served with the notice under Section 13(2) of the SARFAESI Act. The material produced on record by the applicants has gone unrebutted. Accordingly, I hereby set aside the SARFAESI action...Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), against Asset Care and Reconstruction Enterprises Limited (Respondent). Vide sanction letter dated...alleged that they were never served with the notice under Section 13(2) of the SARFAESI Act and straightaway passed the order under Section 14 of the SARFAESI Act and served upon them...

...” by which process there would be larger participation. If at all the auction is to be set aside for any reason whatsoever, the petitioner can take recourse to the remedy available under the Sarfaesi Act...and get the sale set aside. However, the petitioner cannot be permitted to stall the auction itself under extraordinary jurisdiction of this Court.”(emphasis supplied)11. While arriving at such conclusion, the learned Single Judge 2014 SCC OnLine Kar 2183 had kept in view the provisions as contained in the Sarfaesi Act...(2010) 8 SCC 110. In that view, though the learned Single Judge did not accept the contentions as put forth had also indicated that if at all the auction is to be set aside for any reason whatsoever, the complainant who was the petitioner therein can take recourse to the remedy under the Sarfaesi Act...

...Financial Assets and Enforcement of Security lnterest Act' 2002 (SARFAESI Act' 2002) to set aside all the measures initiated by the Respondent No' 1 in pursuance of 'E-Auction Sale Notice' dated 20 1120'17...on 27 12 2017 couldnotbeheld' From the above discussion' facts and circumstances of the case' I hold that the applicants failed to make valid grounds to set aside SARFAESI measures initiated by the...Schedule (1) property are set aside in view of non issuance of necessary noticestothelegalheirsofLateH.DayaKiran.However,the respondent bank is at liberty to initiate fresh SARFAESI measuresagainstSchedule...

...stands admitted that the possession notice dated 23.03.2015 has been set aside in SARFAESI Appeal No. 93 of 2015 by order dated 14.08.2015 It is further stated that since e-auction sale notice dated...SARFAESI Appeal No. 93 of 2015 having been allowed by the Presiding Officer, Debts Recovery Tribunal, Patna setting aside the possession notice dated 23.03.2015 the question of auction sale of the...withdrawal of the auction sale notice published in the newspapers.5. In the above view of the matter, that the possession notice dated 23.03.2015 has already been set aside and the e...

...erred in recording a finding that there is no violation in the publication of the notices. Accordingly, Appeal deserves to be allowed and the impugned order is liable to be set aside. ORDER Appeal is allowed. Impugned order dated 31.07.2018 passed by Ld. DRT is set aside. SARFAESI Application...30thJuly, 2018 is set aside. Auction purchaser is entitled for refund of the amount paid by him in the auction with interest applicable on the fixed deposit for the period from the date of deposit till... 94 of 2018 arising out of SA No. 56 of 2018 whereby the Learned DRT dismissed the SARFAESI Application filed by the Appellants. 2. I have heard...

...Das -vs- Authorised Officer, Oriental Bank of Commerce & 2 Others), is set aside. SARFAESI Application, filed by the Appellant is allowed. 8...Court at a grossly inadequate price wherein it is a consequent of any irregular or fraud in the sale should be set aside on the ground that it was not just and proper exercise of judicial discretion...case, valuation report of 2011 was made the basis for fixing the reserve price which is against the settled principles of law. Accordingly, on this ground alone the sale is liable to be set aside. In...

.... On these facts, Applicant filed the present SA stating that the impugned notices under Sections 13(2) and 13(4) of the Act be set-aside; SARFAESI action be declared null and void and it be declared.... Accordingly, the SARFAESI action be set-aside and the Bank be also directed to pay compensation to the Applicant for the wrongs committed by it. Mr. Chaudhari further submitted that the Bank was given many...hereby set-aside the SARFAESI action taken by the Bank. Accordingly, the SA is hereby allowed. 18. A copy of this Final Order be furnished to all the parties free of cost...

...rejecting the application of the petitioner filed under Section 17(1) of SARFAESI Act. 2. The Petitioner has sought for to set aside the sale notice dated 28.2.2020 issued by the first..., Madurai in S.A.SR. No. 3464 of 2020, dated 9.9.2020 is set aside. The Debt Recovery Tribunal, Madurai is also directed to dispose of the above SARFAESI Appeal within a period of eight weeks from the date...PRAYER: Civil Revision Petition filed under Article 227 of the constitution of India praying this Court to set aside the rejection order made in S.A.SR. No. 3464 of 2020, dated 9.9.2020...